1. Punishment for revealing trade secrets
1. Trade secrets refer 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. Anyone who causes heavy losses to the right holder of a trade secret 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 and not more than seven years, and shall also be fined.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 9 Whoever commits one of the following acts of infringing on 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 the consequences are particularly serious, he shall be sentenced to not less than three years and seven years. The following persons shall be sentenced to fixed-term imprisonment and shall also be fined:
(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 through the means mentioned in the preceding paragraph;
(3) Violate the agreement or the obligee's requirement to keep business secrets, disclose, use or allow others to use the business secrets in his possession. Therefore, the number of years of imprisonment for stealing trade secrets depends on the severity of the infringement of trade secrets. The maximum penalty is fixed-term imprisonment of not less than three years but not more than seven years.
2. What are the standards for filing a case for the crime of leaking trade secrets?
Infringement of trade secrets. Anyone suspected of one of the following circumstances shall be prosecuted To file a lawsuit:
1. Causing direct economic losses of more than 500,000 yuan to the owner of the trade secret;
2. Causing The right holder goes bankrupt or causes other serious consequences.
Item 1 of the case filing standards stipulates that if "the direct economic loss caused to the trade secret right holder is more than 500,000 yuan", a case should be filed for investigation. The so-called trade secrets, as explained in Article 215 of the Criminal Law, refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical, and have been kept confidential by the right holder. Technical information refers to information such as technical formulas, technical know-how, and technical processes. Operational information refers to information about major decisions related to operations, as well as information about dealings with customers. The so-called right holder 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. The "direct economic loss" here refers to the direct property damage and actual value reduction caused by the actor's infringement of other people's trade secrets to the trade secret owner, excluding indirect economic losses.
The above is the relevant content introduced by the editor, because some people will engage in business competition through unfair means, and stealing other people’s business secrets is one of them. kind of. 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.
