1. What are the common infringements of trade secrets
1. Operators shall not use the following means to infringe on business secrets: obtain the right holder’s business secrets through theft, inducement, coercion or other improper means; disclose, use or allow others to use the right holder’s business secrets obtained by the means mentioned in the preceding paragraph; violate the agreement or violate the 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. If a third party knowingly or should have known about the illegal acts listed in the preceding paragraph obtains, uses or discloses the business secrets of others, it shall be deemed as infringement of business secrets.
2. Legal basis:
"Criminal Law of the People's Republic of China" 210 Article 9: Whoever infringes on trade secrets 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 shall also or solely be fined; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. , and impose a fine.
2. What behaviors are not considered as infringement of trade secrets
The behaviors that are not considered as infringement of trade secrets include:
(1) Use or license others to use trade secrets obtained through independent development. This is because the trade secrets involved in infringement of trade secrets originate from illegal channels.
(2) Use by a bona fide third party. For example, if a third party does not know that the information he uses is a trade secret of others, it is not an infringement of trade secrets.
(3) Owner himself through informationLeak secrets or obtain relevant information through reverse engineering.
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