What are the detailed provisions of the crime of infringement of trade secrets
Article 219 [Infringement Crime 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; if it causes particularly serious consequences, he shall be sentenced to a prison sentence of not less than three years or more. Imprisonment of not more than seven years and a fine:
(1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means;
(2) Disclosing, using or allowing others to use the right holder’s trade secrets 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 of trade secrets.
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 those that are not known to the public, can bring economic benefits to the right holder, and have practical technical information and business information that are confidential and have been kept confidential by the rights holder.
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.
The significant losses suffered by the victim in the crime of infringement of trade secrets refer to actual losses, and actual losses include both direct losses and indirect losses. Because indirect losses are also real interests that the victim will inevitably lose. Therefore, when determining the losses caused by criminal acts to the right holder, the following factors must be fully considered:
(1) The cost of obtaining trade secrets, such as the cost of developing and developing trade secrets, the amount of reasonable usage fees for trade secrets, etc.;
(2) arising from the use or maintenance of trade secrets Economic benefits or competitive advantages, such as reduced production costs, increased profits, etc.;
(3) The infringer’s profit before using the trade secret and the profit after using it;
(4) Reasonably expected future benefits. To confirm this loss, it is necessary to fully consider the degree of novelty of the trade secret, the life cycle and stage of the trade secret, market competition conditions and Market prospects and other factors.
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