1. What are the criminal liabilities for the crime of infringement of trade secrets
1. The criminal liability for the crime of infringement of trade secrets is a fixed-term imprisonment of not more than three years and a fine or a fine alone; if the circumstances are particularly serious, the person shall be sentenced to a fixed-term imprisonment of not less than three years but not more than ten years and a fine.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 9 [Crime of Infringement of Trade Secrets] Whoever commits any of the following acts of infringement of trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall be concurrently or solely punished fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined:(1) Using theft, bribery, fraud, coercion, Electronic intrusion or other improper means to obtain the right holder’s business secrets;
(2) Disclose, use or allow others to use the right holder’s business secrets obtained by the means mentioned in the previous paragraph; Trade secrets;
(3) Violating confidentiality obligations or violating rights holders’ requirements for keeping trade secrets, disclosing, using or allowing others to use the business secrets under their control Secret.
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 standards for filing a case for the crime of infringement of trade secrets
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1. Anyone who infringes on trade secrets and is suspected of one of the following circumstances shall be prosecuted:
(1) Grant rights to trade secrets The amount of losses caused by others is more than 500,000 yuan;
(2) The amount of illegal gains due to infringement of trade secrets is more than 500,000 yuan;
3) Causing the bankruptcy of the owner of the trade secret;
(4) Others to the owner of the trade secret Causing heavy losses
2. Whoever commits any of the following acts of infringement of 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 be punished with a fine or solely; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:
(1) For theft , inducement, coercion or other improper means to obtain the right holder’s business secrets;
(2) Disclose, use or allow others to use the rights obtained by the means mentioned in the preceding paragraph; (3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the information in his possession Trade secrets.
The right holder as mentioned in this article refers to the owner of the trade secret and the trade secret user with the permission of the trade secret owner. In summary, the above The above-mentioned infringement of other people’s trade secrets can actually be regarded as a type of unfair competition. 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 Consult a professional lawyer.
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