What are the constituent elements and judicial definition of the crime of infringement of trade secrets
(1) Object Requirements
The object of the crime of infringement of trade secrets is the legitimate rights and interests of the trade secret obligee in the trade secret and A normal and orderly market economic order protected by the state. The object of this crime is trade secrets.
The so-called trade secret, according to the provisions of the Anti-Unfair Competition Law, refers to a secret that is not known to the public, can bring economic benefits to the right holder, and has Technical information and business information that are practical and have been kept confidential by the right holder. The crime of infringement of trade secrets must first determine whether the object is a trade secret.
Therefore, the requirements for trade secrets stipulated in the Anti-Unfair Competition Law must be met. The so-called "not known to the public" means that the information cannot be obtained directly from public channels. The so-called "can bring economic benefits to the right holder and is practical" means that the information has definite economic benefits or competitive advantages.
The so-called "right holder takes confidentiality measures" includes limiting the scope of knowledge of confidential information and only informing relevant personnel who must know its content; for confidential information Take preventive measures such as locking the carrier; mark the carrier of confidential information with a confidentiality mark; use passwords or codes for confidential information; sign a confidentiality agreement; restrict visitors to confidential machines, factories, workshops and other places or make requests Confidentiality requirements; other reasonable measures to ensure the confidentiality of information.
(2) Objective requirements
The crime of infringement of trade secrets objectively manifests itself as behavior that violates national anti-unfair competition laws and regulations, infringes on trade secrets, and causes heavy losses to the right holders of trade secrets.According to the provisions of Article 9 of the Criminal Law and the Anti-Unfair Competition Law, the objective elements of the crime of infringement of trade secrets include:
(1) Obtain the right holder’s business secrets through theft, inducement, coercion or other improper means;
(2) Disclosure, Use or allow others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Units and individuals that have business relationships with the right holder violate the agreement or Disclose, use or allow others to use the trade secrets in their possession in violation of the obligee's requirements to keep trade secrets.
(4) An employee of the right holder violates the contract or the right holder’s requirement to keep commercial secrets by disclosing, using or allowing others to use the right holder’s information trade secrets.
(5) 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.
(3) Subject elements
Crime of infringement of trade secrets The subject is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to take responsibility can commit this crime. Units can also constitute the subject of this crime.
If a unit commits this crime, the person in charge and other directly responsible personnel who are directly responsible for it shall be held criminally responsible in accordance with the provisions of this article.
(4) Subjective elements
Crime of infringement of trade secrets The subjective aspect can only be intentional, that is, the perpetrator consciously infringes on trade secrets through various means. Negligence does not constitute this crime. As for the motivation of the perpetrator to commit the crime, it does not affect the establishment of the crime, but is only a factor that can be considered when sentencing.
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