What are the legal provisions for the crime of infringement of trade secrets
"Supreme People's Court" , Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement"
Article 7, implements the provisions of Article 219 of the Criminal Law Any act 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 fixed-term imprisonment of not more than three years or criminal detention for the crime of infringement of trade secrets. A fine may also be imposed or a fine may be imposed. If the amount of losses caused to the right holder of the trade secret exceeds 2.5 million yuan, it falls into the category of "causing particularly serious consequences" as stipulated in Article 219 of the Criminal Law, and shall be sentenced to not less than three years but not more than seven years for the crime of infringement of trade secrets. Imprisonment and a fine.
Article 15: When a unit performs the acts specified in Articles 213 to 219 of the Criminal Law, it shall comply with the corresponding provisions of this Interpretation. Conviction and sentencing is three times the standard for conviction and sentencing of an individual crime.
"Criminal Law"
Article 219 [Crime of Infringement of Trade Secrets] Whoever commits any of the following acts of infringement of 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 be fined concurrently or separately. fine; 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) Using theft, inducement, coercion or other Obtaining the right holder’s business secrets by improper means;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by the means mentioned in the preceding paragraph;
(3) Violation of the agreement or violation of the obligee’s requirements for keeping business secrets, disclose, use or allow others to use the trade secrets in their 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.
For any crime specified in Article 19, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be punished in accordance with the provisions of each article of this section.
The above is an introduction to the legal provisions on 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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