What are the laws and regulations on the crime of infringement of trade secrets
About infringement of commercial secrets The laws and regulations on secret crimes are contained in Articles 219 and 220 of the Criminal Law and Article 7 of the Interpretation 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. .
"Criminal Law" Article 219 [Crime of Infringement of Trade Secrets] There is Anyone who commits one of the following infringements of trade secrets, causing heavy losses to the right holder of the trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely to a fine; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. , and shall be fined:
(1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other unfair means;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violating the agreement or 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 crimes of intellectual property infringement] If a unit commits the crimes specified in Articles 213 to 219 of this section, the unit shall be fined, and the person directly responsible for the unit and other persons in charge shall also be fined. Those directly responsible shall be punished in accordance with the provisions of each article in this section.
Article 7 of the "Interpretation 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" stipulates: Implementation of Article 200 of the Criminal Law Any act stipulated in Article 19 that causes a loss of more than 500,000 yuan 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 not more than three years for the crime of infringement of trade secrets. Fixed-term imprisonment or criminal detention, and in addition or only 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.
The above is the relevant introduction to the crime of infringement of trade secrets. I hope it can help everyone. If you need to know more, please pay attention to the official website of Legal Savior Network and consult our Legal Savior Network lawyers online. We will serve you wholeheartedly.
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