How to understand the definition of the crime of infringement of trade secrets
The crime of infringement of trade secrets means that without the permission of the owner of the trade secret, Obtaining other people's trade secrets by improper means, disclosing, using or allowing others to use the trade secrets, causing heavy losses to the trade secret rights holders.
Article 219 has the following infringements Whoever commits one of the trade secret acts and causes heavy losses to the right holder of the trade secret shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined; if it causes particularly serious consequences, 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. Penalties:
(1) Theft or inducement , coercion or other improper means to obtain the business secrets of the right holder;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violation of agreement or violation of rightsDisclose, use or allow others to use the trade secrets in their possession according to other people's requirements for keeping trade secrets. 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. The term “trade secrets” as mentioned in this article refers to technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical, and has been kept confidential by the right holder. 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.
Article 220: Units violate this section For crimes stipulated in Articles 213 to 219, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be punished in accordance with the provisions of each article of this section.
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