1. How to sentence the crime of infringement of trade secrets
1. (1 ) A natural person who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
(2) If a unit commits this crime, the unit shall be fined, and the persons directly in charge and other directly responsible persons shall be investigated for criminal prosecution in accordance with the above provisions. responsibility.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 9 [Crime of Infringement of Trade Secrets] Whoever commits one 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 concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, Also subject to fines:
(1) Obtaining the right holder's business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;
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(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violating the obligation of confidentiality or violating the rights holder's requirements for keeping business secrets, disclosing, using or allowing others to use the business secrets in his 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. InfringementHow to punish the crime of trade secrets
1. The "Anti-Unfair Competition Law" provides for punishment for infringement of trade secrets. First, supervision and inspection The department orders the illegal behavior to stop, and secondly, fines can be imposed according to the circumstances. In practice, rights holders may also request sanctions for violations of agreements and infringement of trade secrets in accordance with the relevant provisions of the Civil Code and Labor Law.
2. According to my country's "Criminal Law", anyone who commits one of the acts of infringing on trade secrets and causes heavy losses to the owner of the trade secret shall be sentenced to three years in prison. Those who cause particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
The above is the relevant knowledge brought to you about the identification and punishment of the crime of infringement of trade secrets. Although competition among businesses is fierce, we must still uphold the Integrity and belief in fair play as well. 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.