1. How to prosecute the crime of infringement of trade secrets
1. From our country’s perspective According to the legal provisions on the protection of trade secrets, the infringed party can pursue the liability of the infringer through three relief channels: civil, administrative and criminal. Civilly, the victim can ask the offender to compensate for the loss. Administratively, administrative penalty agencies can punish offenders; criminally, criminal liability can be investigated in accordance with the law.
2. Legal basis: "Criminal Law"
Article 219: Anyone who commits one of the following infringements 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, shall be sentenced to fixed-term imprisonment of not less than three years but 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) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Breach of confidentiality Obligation or violation of the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in its possession.
2. What is the difference between the crime of infringement of trade secrets and related crimes?
1. The crime of infringement of trade secrets and counterfeit registration There are similarities between trademark crimes, patent counterfeiting crimes, and copyright infringement crimes, and they all infringe on intellectual property rights.
2. The main difference is: first, the crime of infringing on trade secrets infringes on trade secrets; while other crimes infringe on trademark rights, patent rights andCopyright.
3. Secondly, the crime of infringement of trade secrets is mainly manifested in obtaining trade secrets by illegal means, or illegally disclosing, using or allowing others to use trade secrets; and other crimes Crime is mainly characterized by counterfeiting.
4. For those who obtain other people’s trade secrets through theft, inducement, coercion or other improper means, and then use the trade secrets to manufacture products and counterfeit other people’s registered trademarks, In principle, it should be punished with several crimes. Those who simply illegally use other people’s trade secrets to manufacture products and counterfeit other people’s registered trademarks should be deemed to have committed several crimes in one act and be punished as a felony.
After knowing the contents of trade secrets due to their duties or business, company or enterprise staff sell the trade secrets to others without authorization and appropriate the illegal gains as their own or use them. If it is owned by a third party, it seems that it should be determined as a crime of corruption or official embezzlement based on the circumstances and the identity of the 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 Legal Savior Network to consult a professional lawyer.