1. How to determine the crime of infringement of trade secrets
1. Infringement of trade secrets The circumstances include: obtaining the business secrets of the right holders through theft, inducement, coercion or other improper means;disclosing, using or allowing others to use the right holders' business secrets obtained by the means mentioned in the previous paragraph. Trade secrets; Violating confidentiality obligations or violating rights holders’ requirements to keep trade secrets, disclosing, using or allowing others to use trade secrets in their possession.
3. Legal basis: "Criminal Law"
Article 219 [Crime of Infringement of Trade Secrets] Whoever commits one of the following acts of infringement of trade secrets, if the circumstances are serious, 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 not less than three years and not less than 10 years’ imprisonment. A prison term of not more than 10 years and a fine:
(1) Obtaining the rights holder’s business through theft, bribery, fraud, coercion, electronic intrusion or other unfair means Secret;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violating confidentiality obligations or violating rights holders' requirements for keeping trade secrets, disclosing, using or allowing others to use 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. Standards for filing a case for the crime of infringement of trade secrets
1. The direct economic loss caused by the right holder of the trade secret exceeds 500,000 yuan;
2. Causing the right holder to go bankrupt or causing other serious consequences; here "causing the right holder to "Personal bankruptcy" refers to the situation where companies and enterprises that enjoy the ownership and use rights of trade secrets go bankrupt due to the perpetrator's infringement of trade secrets. The so-called bankruptcy refers to the situation where, in accordance with the relevant provisions of the Bankruptcy Law of the People's Republic of China, a company or enterprise applies for bankruptcy due to insolvency or other reasons, or is declared bankrupt by the people's court in accordance with the law.
The above is the relevant content that the editor brings to you on how to identify the crime of infringement of trade secrets. There are clear regulations on the identification of the crime of infringement of trade secrets. If the behavior in the regulations is violated, it can be deemed as an infringement of trade secrets. 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 Legal Savior website to consult a professional lawyer.
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