1. How to punish the crime of infringement of commercial secrets
1. Infringement of commercial secrets The punishment for a completed secret crime is: if the crime is particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the crime is serious, he shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined, or shall be fined alone.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 9: Whoever commits any of the following acts of infringing on trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or shall be fined alone; if the circumstances are particularly serious, he shall be sentenced to three years' imprisonment to fixed-term imprisonment of not less than 10 years but not more than 10 years, and to a fine: Obtaining the right holder’s business secrets by legitimate means;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by the means mentioned in the preceding 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. What are the standards for filing a case for infringement of trade secrets
Infringement of trade secretsIf a person is suspected of any of the following circumstances, a case shall be filed for prosecution:
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. Cause the trade secret obligee to go bankrupt;
Other situations that cause significant losses to the trade secret obligee. 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.