What are the criminal law provisions for the crime of infringement of trade secrets
"Criminal Law" Article Article 219 [Crime of Infringement of Trade Secrets] Whoever commits any of the following acts of infringing on trade secrets, causing 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; causing special If the consequences are serious, the person 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) Obtaining by theft, inducement, coercion or other unfair means The right holder’s business secrets;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of 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 trade secrets in his possession.
Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets.
Trade secrets as mentioned in this article refer to information that is not known to the public, can bring economic benefits to the obligee, is practical and has been kept secret by the obligee. technical information and business information.
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.
Article 220 [Penalty Provisions for Units Committing the Crime of Intellectual Property Infringement] If a unit commits a crime stipulated in Articles 213 to 219 of this section, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be fined in accordance with the provisions of each article of this section. Specify penalties.
"The mostInterpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement
Article 7 Implementation of Criminal Law 219 Any act stipulated in Article 1 that causes a loss of more than RMB 500,000 to the right holder of a trade secret shall be deemed as “causing significant losses to the right holder of a trade secret” and shall be sentenced to fixed-term imprisonment of not more than three years or to the crime of infringement of trade secrets. Criminal detention, and concurrently or solely with a fine.
If the amount of losses caused to the right holder of the trade secret exceeds 2.5 million yuan, it falls under the category of "causing special damages" stipulated in Article 219 of the Criminal Law. "Severe consequences" shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of infringement of trade secrets.
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