1. How to determine the loss for the crime of infringement of trade secrets
1. In the case of infringement The heavy losses suffered by victims in trade secret crimes refer to actual losses, and actual losses include both direct losses and indirect losses, because indirect losses are also real interests that the victim will inevitably lose.
Therefore, when determining the losses caused by criminal acts to the right holder, the following factors must be fully considered: the cost of obtaining the trade secret; the costs incurred by using or maintaining the trade secret Economic benefits or competitive advantages, such as reduced production costs, increased profits, etc.
2. Legal basis: Article 219 of the "Criminal Law of the People's Republic of China" [Crime of Infringement of Trade Secrets] One of the following acts of infringement of trade secrets, If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and shall also be fined:
(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;
(2) ) Disclose, use or allow others to use the obligee’s business secrets obtained by means of the preceding paragraph;
(3) Violate confidentiality obligations or violate the obligee’s relevant business confidentiality obligations To request confidentiality, disclose, use or allow others to use the trade secrets in their possession.
Whoever knowingly obtains, discloses, uses or allows others to use the trade secrets listed in the preceding paragraph shall be deemed to have infringed the trade secret theory.
The rights holder mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret.
2. What are the standards for criminal filing of infringement of trade secrets
1. The amount of losses caused to the owner of the trade secret is more than 500,000 yuan. ;
2. The amount of illegal income obtained from infringement of trade secrets is more than 500,000 yuan;
3. Causing the bankruptcy of the right holder of the trade secret;
4. Other circumstances causing significant losses to the right holder of the trade secret.
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