1. What are the criminal subjects of the crime of infringement of trade secrets
1. Enterprises Factory directors, managers and other administrators, employees or temporary employees of the enterprise, etc.;
2. Personnel from the original enterprise who have retired or been transferred;
3. Persons who are entrusted and thus know and master trade secrets, such as lawyers, patent agents, economic consultants, etc.;
4. People who have the power to supervise, inspect, investigate and manage enterprises, such as auditors, tax personnel, personnel in charge of administrative agencies, industrial and commercial managers, etc.;
5. Except for the above four types of persons who may become subject elements by disclosing trade secrets, any other person may obtain the right holder's trade secrets through theft, inducement, coercion or other improper means. Become the subject of this crime;
6. Disclose, use or allow others to use the business secrets in their possession in accordance with the contract or the obligee's requirements for keeping business secrets Relevant units and directly responsible personnel. In addition, units or individuals that have prior collusion with criminals who disclose trade secrets in order to obtain and use trade secrets shall be punished as joint offenders.
7. Legal basis: Article 9 of the "Anti-Unfair Competition Law of the People's Republic of China" states that operators shall not commit the following acts of infringement of trade secrets:
(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;
(2) Disclose, use or allow others to use the right holder’s business secrets obtained by the means mentioned in the preceding paragraph;
(3) Breach of confidentiality The person who violates obligations or rights hasIn relation to the requirements to keep business secrets, disclose, use or allow others to use the business secrets in their possession;
(4) Instigating, inducing, or helping others to violate confidentiality obligations Or violate the obligee's requirements for keeping trade secrets, obtain, disclose, use or allow others to use the obligee's trade secrets. If other natural persons, legal persons and unincorporated organizations other than operators commit the illegal acts listed in the preceding paragraph, they shall be deemed to have infringed upon trade secrets.
The third party knowingly or should have known that an employee, former employee or other unit or individual of the right holder of a trade secret has committed an illegal act listed in paragraph 1 of this article, still obtains , disclose, use or allow others to use the trade secret, it shall be deemed as a trade secret infringement. The term “trade secrets” as mentioned in this Law refers to commercial information such as technical information, business information, etc. that is not known to the public, has commercial value, and for which the obligee has taken corresponding confidentiality measures.
2. What are the types of liability for infringement of trade secrets
1. Civil liability. If an operator violates legal provisions and causes damage to others, he shall bear civil liability in accordance with the law. If an operator's legitimate rights and interests are harmed by unfair competition, he may file a lawsuit with the People's Court.
2. Administrative responsibilities. If operators and other natural persons, legal persons and unincorporated organizations violate the law and infringe on trade secrets, the supervision and inspection department shall order them to stop the illegal activities, confiscate the illegal gains, and impose a fine of not less than 100,000 yuan but not more than 1 million yuan; if the circumstances are serious, they shall be fined A fine of not less than 500,000 yuan but not more than 5 million yuan.
3. Criminal liability. Anyone who violates legal provisions and constitutes a crime shall be investigated for criminal responsibility in accordance with the law.
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 Network to consult a professional lawyer.
No comments yet. Say something...