1. What are the administrative responsibilities for infringement of trade secrets
1. ( 1) Stop the infringement: For infringement, the supervision and inspection department shall order the cessation of the illegal act;
(2) Fine: 10,000 yuan according to the circumstances of infringement of trade secrets A fine of not less than RMB 200,000 but not more than RMB 200,000;
2. Legal basis: 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 shall also or shall be fined alone; if the circumstances are particularly serious, he shall be sentenced to not less than three years but not more than ten years Fixed-term imprisonment and concurrent fines:
(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion 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 confidentiality obligations or violating rights holders’ requirements for keeping trade secrets, disclosing, using or allowing others to use trade secrets in their 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. What are the ways to infringe trade secrets
1. Obtaining the business secrets of the obligee through improper means, that is, using theft, inducement, coercion or other improper means to obtain the business secrets of the obligee. "Improper means" should be based on recognized business ethics and common sense behavior. Anyone who obtains trade secrets through methods that violate business ethics and exceed reasonable limits constitutes infringement. We can also learn from foreign legislation, such as the Uniform Trade Secrets Act, which further clarifies unfair means on the basis of excluding legitimate means, where legitimate means include independent discovery, reverse engineering discovery, and use licenses granted by the owner of the trade secret. Discovered, observed from products in public use or on display, and obtained from public documents;
2. Improper disclosure or use, that is, Disclose, use or allow others to use the right holder’s business secrets obtained by means of the previous paragraph;
3. Disclosure or use that violates a trust relationship, that is, a breach of an agreement or a violation of The right holder shall disclose, use or allow others to use the trade secrets in his possession according to the requirements of the right holder for keeping trade secrets. This form generally violates the provisions of the incidental obligations of the contract;
4. The third party maliciously obtains and uses it, that is, the third party knowingly or should have known Trade secrets are obtained through illegal means, and the trade secrets of others are obtained, used or disclosed. According to the current legal provisions, a bona fide third party does not directly bear legal liability. To determine the good faith, one must analyze whether the actor subjectively knew or should have known that the source of the trade secret was illegal. There should also be a clear time standard. Once the trade secret rights are If a person notifies a bona fide third party of facts such as illegal theft or breach of contract disclosure by the second party, the good faith will terminate automatically. The notice issued by the trade secret right holder is the time standard for distinguishing bona fide and malicious third parties.
In real life, the situation of infringement of trade secrets is more complicated. In many cases, after dealing with the infringement of trade secrets, there are still some unavoidable problems. question. If these problems are not dealt with, not only will the rights holder's trade secrets be disclosed, but it will also easily lead to new infringements by the infringer. Only by unified handling of the carriers and tools for infringement of trade secrets can the possibility of repeated infringement of trade secrets be eliminated from the root. 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.
No comments yet. Say something...