How to sentence the crime of leaking trade secrets

The sentencing standard for the crime of leaking trade secrets is fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely a fine; if particularly serious consequences are caused, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently fined. Regarding the issue of sentencing for the crime of leaking trade secrets, the editor of Legal Savior Network will give you a detailed answer below.

1. How to sentence the crime of leaking trade secrets

1. Leaking trade secrets The sentencing standards for crimes are fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely a fine; if particularly serious consequences are caused, the sentence is not less than three years and not more than seven years of fixed-term imprisonment, and a fine.

2. Legal basis: "Criminal Law of the People's Republic of China"

210 Article 9 Whoever commits the crime of trade secrets and commits any of the following acts of infringement of trade secrets, causing heavy losses to the right holder of the trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if it causes particularly serious consequences, he shall be sentenced to three years to fixed-term imprisonment of not less than 10 years but not more than seven years, and to a fine:

(1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means ;

(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the preceding paragraph;

(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession. Anyone who knowingly or should have known about the acts listed in the preceding paragraph and obtaining, using or disclosing the trade secrets of others shall be deemed to have infringed the trade secrets.

2. What are the conditions that must be met to steal trade secrets

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1. Secrecy, also known as "non-public knowledge" or "novelty". Trade secret information is not known to the public, that is, it is not generally known and easily accessible to relevant persons. The “public” mentioned here generally refers to the specific relevant public with industry attributes, including competitors in the same industry and people who may obtain economic benefits from the utilization of the trade secret, rather than the general public. Known to a certain range of specific people, does not affect the confidentiality of the information.

2. Commercial value. Trade secret information has actual or potential commercial value, can bring competitive advantages to the right holder, and has economic value and practicality. This kind of practicality standard is different from the practicality standard of patents. It can be some positive information or some negative information, such as reports and data of experimental failures, etc.

3. Take confidentiality measures. The obligee has taken reasonable confidentiality measures commensurate with its commercial value and other specific circumstances to prevent the leakage of commercial secret information. Confidentiality measures cannot be strictly required to be foolproof, as long as these measures are reasonable and appropriate under the specific circumstances of the time and locality, and can be recognized and discouraged by others.

To sum up what has been said above, leaking trade secrets is to steal important company information to others for illegal purposes. This behavior itself has already Violation of our country's legal provisions will generally be punished as the crime of infringement of trade secrets. Therefore, trade secrets cannot be known to others. If someone infringes upon it, they will definitely bear corresponding responsibilities. 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.