1. What are the legal responsibilities for infringement of trade secrets
1 , (1) Civil liability
(1) Liability for breach of contract: Liability shall be borne in accordance with 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) Liability for infringement: If the infringement of trade secrets causes damage to the right holder, compensation shall be based on the actual amount of loss suffered by the right holder. If the actual loss of the right holder is difficult to calculate, the infringer shall be compensated based on the profits obtained by the infringer during the infringement period. Amount of compensation;
(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 liability
(1) Stop infringement: For infringement, The supervision and inspection department shall order the cessation of illegal activities;
(2) Fines: Depending on the circumstances of infringement of trade secrets, a fine of not less than 10,000 yuan but not more than 200,000 yuan may be imposed.
(3) Criminal liability
(1) According to Article 1 of the "Criminal Law of the People's Republic of China" Article 219 stipulates that any natural person who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined;
(2) Causing particularly serious consequences of, placeA term of imprisonment of not less than three years but not more than seven years, and a fine;
(3) If a unit commits this crime, the unit shall be sentenced to a fine and the unit shall be directly responsible for it The persons in charge and those directly responsible shall be held criminally responsible according to the above provisions.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 9 [Crime of Infringement of Trade Secrets] Whoever commits one of the following acts of infringing on trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, Also subject to fines:
(1) Obtaining the right holder's business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;
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(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violating the obligation of confidentiality or violating the rights holder's requirements for keeping business secrets, disclosing, using or allowing others to use the business secrets in his possession.
Whoever knowingly obtains, discloses, uses or allows others to use the trade secrets listed in the preceding paragraph shall be deemed to have infringed the trade secret theory.
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.
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 previous paragraph;
3. Violate the agreement or violate the rights The third party discloses, uses or allows others to use the trade secrets in its possession;
4. The third party knows or should know the trade secretsIf an employee, former employee or other unit or individual of the confidentiality owner commits the illegal acts listed in the preceding paragraph and still obtains, discloses, uses or allows others to use the trade secret, it shall be deemed as infringement of the trade secret.
On the premise of establishing a trade secret protection system and meeting the conditions for trade secrets, enterprises have the right to pursue the civil liability of trade secret infringers in accordance with the law. If you believe that your trade secrets have been infringed and caused heavy losses, you can apply to the public security organs and request that the infringer be held criminally responsible. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.