What are the legal remedies for trade secret infringement
Civil law relief
The right to claim relief in civil law is based on contract or tort, requiring the defaulter or tortfeasor to bear liability for breach of contract or tort liability. According to the contract, if a party violates the relevant confidentiality clauses in the contract, it will constitute a breach of contract and shall bear liability for breach of contract. According to the confidentiality contract, the enterprise can request commercial arbitration or litigation, require the other party to compensate for the corresponding losses, and safeguard the legitimate rights and interests of the enterprise. If someone commits an act of infringement of trade secrets as stipulated by law and causes serious damage to the enterprise, the enterprise can file a lawsuit with the people's court with jurisdiction and request the defendant to bear civil responsibilities such as stopping the infringement, eliminating the impact, and compensating for losses.
Labor law relief
Employees violate the company's rules and regulations for protecting trade secrets after the conclusion of the contract, the performance of the contract, and the termination of the contract. If the confidentiality clause, confidentiality contract or non-competition contract in the labor contract causes losses to the enterprise, the enterprise may apply to the Labor Dispute Arbitration Committee for labor arbitration in accordance with the provisions of the Labor Law, and request that workers who violate the above agreements bear liability for damages. If you are dissatisfied with the labor arbitration award, you may file a lawsuit in the People's Court within the statutory period.
Administrative Law Remedies
Administrative Law Remedies are mainly due to improper actions of industrial and commercial administrative agencies Competent authorities for competition conduct, handling of infringement of trade secrets. According to the "Anti-Unfair Competition Law", the "Several Provisions on Prohibiting the Infringement of Trade Secrets" of the State Administration for Industry and Commerce and the "Interim Provisions on Administrative Penalties of the Administration for Industry and Commerce", when an enterprise believes that its trade secrets have been infringed, it may file a complaint with the Industry and Commerce Administration. The administrative agency applies to investigate and deal with the infringement. If the infringer's infringement is established, he shall bear the corresponding administrative liability. Enterprises may also submit a request for mediation to the industrial and commercial administrative authorities due to damage compensation issues, and the industrial and commercial administrative authorities shall conduct mediation. Enterprises can directly file a lawsuit with the People's Court and request damages.
Criminal Law Remedies
According to the provisions of Article 219 of the Criminal Law, if the infringement of trade secrets causes heavy losses to the right holder, he shall be punished. A fixed-term imprisonment of not more than three years and a fine or a fine alone; if particularly serious consequences are caused, the person shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years and a fine. If the infringement of a company's trade secrets is serious and causes serious losses to the company, the company can file a criminal private prosecution with the people's court or file a complaint with the public security agency and request that the case be opened for investigation. Investigate the criminal liability of the infringer and file an accompanying civil lawsuit to require the infringer to compensate for the corresponding losses
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