1. How to determine the crime of infringement of trade secrets
1 , The objects infringed by this crime are trade secret rights and the normal and orderly market economic order protected by the state. Objectively, he committed an infringement of trade secrets and caused heavy losses to the right holder. The subject of this crime is a general subject. The subjective aspect is intentional.
2. Legal basis: Article 219 of the "Criminal Law of the People's Republic of China". Anyone who commits one of the following acts of infringement of commercial secrets, if the circumstances are serious, shall be punished. A fixed-term imprisonment of not more than three years and a fine or a fine alone; if the circumstances are particularly serious, a fixed-term imprisonment of not less than three years and not more than ten years and a fine: Obtaining rights through theft, bribery, fraud, coercion, electronic intrusion or other improper means a person's business secrets; disclosing, using or allowing others to use the right holder's business secrets obtained by means of the preceding paragraph; violating confidentiality obligations or violating the right holder's requirements for keeping business secrets by disclosing, using or allowing others to use the rights holder's business secrets; Trade secrets.
2. What are the conditions for the crime of infringement of trade secrets
The crime of infringement of trade secrets refers to theft, inducement , coercion or other improper means to obtain the trade secrets of the right holder, or illegally disclose, use or allow others to use the trade secrets they possess or obtain, causing heavy losses to the trade secret right holder. The criminal constitution of the crime of infringement of trade secrets is as follows: The first is the objective element, which is that the act of infringing on trade secrets has been objectively carried out and caused heavy losses to the right holder. The second is the object element. The object of infringement of this crime is trade secrets, that is, technical information and business information that meet legal conditions. The third is the subject element. The subject of this crime is a general subject. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the legalSaviour.com consults a professional lawyer.
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