Legal Provisions on the Crime of Infringement of Trade Secrets

The crime of infringing on Trade secrets refers to obtaining the trade secrets of the right holder through theft, inducement, coercion or other improper means, or illegally disclosing, using or allowing others to use the trade secrets in their possession or acquisition, causing consequences to the right holder of the trade secrets. acts of significant loss. Regarding the legal provisions of the crime of infringement of trade secrets, the editor of Legal Savior Network will answer it in detail for you below.

1. Legal provisions for the crime of infringement of trade secrets

1. Infringement of commercial secrets The law stipulates that secret crimes shall be punished with fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined. The crime of infringing on trade secrets refers to obtaining the trade secrets of the right holder through theft, inducement, coercion or other improper means, or illegally disclosing, using or allowing others to use the trade secrets in their possession or acquisition, causing consequences to the right holder of the trade secrets. acts of significant loss.

2. Legal basis: Paragraph 1 of Article 219 of the "Criminal Law of the People's Republic of China"

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, and shall also be fined : Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means; disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the preceding paragraph; violating confidentiality obligations or violating rights Disclose, use or allow others to use the trade secrets in their possession according to other people's requirements for keeping trade secrets.

2. Sentencing standards for the crime of infringement of trade secrets

Obtain rights holders through theft, inducement, coercion or other unfair means business secrets; disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph; violating the agreement or the obligee's requirements for keeping business secrets by disclosing, using or allowing others to use the business secrets in his possession of. Anyone who knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be deemed to have infringed upon the trade secrets.Esoteric theory. 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.

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.