What are the cognitions for the crime of infringement of trade secrets
The crime of infringement of trade secrets refers to theft, inducement, Infringement of trade secrets through improper means such as coercion, disclosure, and unauthorized use, causing heavy losses to the right holders of trade secrets.
1. Objectively committed infringement of trade secrets behavior and caused heavy losses to the right holder.
(1) First, the object of the action is a trade secret . Trade secrets 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 the right holder has taken confidentiality measures.
(2) Commitment of infringement of trade secrets . Infringement of trade secrets manifests itself in the following situations:
First, obtain the right holder’s business secrets through theft, inducement, coercion or other unfair means. Theft, generally refers to stealing trade secretsObtain trade secrets through a carrier; inducement refers to using money, items or other benefits as bait to make people who know the contents of trade secrets provide trade secrets; coercion refers to intimidating or threatening people who know the contents of trade secrets to force others to provide them. Trade secrets. Other unfair means refer to other unfair means other than theft, inducement, and coercion, such as snatching drawings containing trade secrets.
Second, disclose, use or allow others to use The right holder’s trade secrets obtained through the first method above. This is a continuation of the first behavior above. Disclosure refers to informing the right holder's competitors or others of the trade secrets obtained illegally, or making the contents of the trade secrets public to the public; use refers to using the trade secrets obtained illegally for production or business operations; allowing others to use them. , refers to allowing others to use the trade secrets they have obtained for production or business, including paid and unpaid situations.
Third, violate the agreement or violate the obligee's requirements to keep business secrets, disclose, use or allow others to use the business secrets in its possession. This refers to the act of disclosing, using or allowing others to use trade secrets by those who are legally aware of the contents of trade secrets, including staff within the company or enterprise, transferred personnel, retired personnel who have worked in the company or enterprise, and persons with rights holders. Relevant personnel who have entered into an agreement to keep trade secrets.
Fourth, knowing or should have known that the aforementioned first up to the third illegal act, and obtain, use or disclose other people’s business secrets. This is an act of indirect infringement of trade secrets, that is, a third party obtains, uses or discloses the trade secrets of others despite knowing or should have known that the person imparting the trade secrets to it has committed the above-mentioned illegal acts.
(3) Caused significant losses to the right holder . Major losses here refer to major economic losses, including reduced profits, increased losses, bankruptcy, and loss in competition.being at a disadvantage in the struggle, etc.
2. The subject can be either a natural person or a is the unit. Among them, the person who commits the first and second acts is a person who has no right to know the contents of trade secrets; the person who commits the third act is a person who has legally known the contents of other people’s trade secrets; the person who commits the fourth act It can be described as the third person.
3. The subjective aspect of the crime is in principle intentional.
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