1. What are the legal responsibilities for infringement of trade secrets
(1 )Civil Liability
1. Liability for breach of contract: Liability shall be borne according to the confidentiality contract signed by both parties. If the party that infringes a trade secret, that is, the defaulter, commits an act of infringing a trade secret but does not cause losses to the right holder, he still needs to pay the liquidated damages stipulated in the contract.
2. Infringement liability: If the infringement of trade secrets causes damage to the right holder, the actual loss suffered by the right holder shall be compensated. If the actual loss of the right holder is difficult to calculate , the amount of compensation should be based on the profits gained by the infringer during the infringement period.In addition, the Anti-Unfair Competition Law also stipulates that the infringer should also bear the responsibility of the rights holder for investigating the infringement. Reasonable expenses paid for improper acts related to its legitimate rights and interests.
3. Depending on the different circumstances of the case, other ways of assuming liability under the General Principles of Civil Law may also be applied. Such as stopping the infringement, making an apology, eliminating the impact, etc. However, the right holder of infringement and breach of contract can only choose one, and cannot claim both at the same time.
(2) Administrative Responsibility
1. Stop infringement: For infringement, supervise The inspection department shall order the illegal conduct to cease.
2. Fines: A fine of not less than 10,000 yuan but not more than 200,000 yuan will be imposed based on the circumstances of infringement of trade secrets.
(3) Criminal liability
1. If a natural person commits this crime, he shall be sentenced to three years in prison The following fixed-term imprisonment or criminal detention, in addition 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 also be fined.
2. If a unit commits this crime, the unit shall be fined, and the persons directly in charge and persons directly responsible shall be held criminally responsible according to the above provisions. .
(4) Legal basis: According to Article 219 of the "Criminal Law", serious infringement of trade secrets may constitute a crime and require liability. criminal responsibility.
2. Which behaviors are infringement of trade secrets
1. Obtain the right holder’s business secrets through theft, bribery, fraud, coercion 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. Violate the agreement or the obligee's requirement to keep business secrets, disclose, use or allow others to use the business secrets in his possession.
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