What are the legal responsibilities of employees for infringing trade secret rights
For infringement of corporate rights Employees with trade secret rights are usually involved in the investigation of civil liability and criminal liability. As for what kind of responsibility and the severity of the responsibility, factors such as the nature and extent of the employee's behavior should be mainly considered.
1. Civil liability.
No matter whether the employee's behavior constitutes a general civil tort, unfair competition, or breach of contract, civil liability must be pursued. responsibility. If it constitutes a general civil infringement, the commonly used methods of pursuing civil liability shall apply. The employee and the company after the employee changes jobs shall generally be liable for compensation. Depending on the circumstances, the company may also bear civil liability by stopping the infringement and eliminating the danger. If it constitutes a special infringement such as unfair competition, the special provisions on civil liability of the Anti-Unfair Competition Law shall apply to the manner in which it bears civil liability, the scope of compensation, the standard of compensation, etc.
If it constitutes a breach of contract, liability for breach of contract can be pursued in accordance with the provisions of contract law. If there are competing laws and regulations, the enterprise shall choose the basis for pursuing legal liability based on its own interests.
2. Criminal liability.
Article 219 of the "Criminal Law" stipulates that one of the following acts of infringement of Trade secrets will cause heavy losses to the owner of the trade secret If the consequences are particularly serious, the person shall be sentenced to fixed-term imprisonment of not less than three years or criminal detention, and concurrently or solely with a fine; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined:
(1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper 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 violate the obligee's requirements for keeping trade secrets by disclosing, using or allowing others to use the trade secrets in his possession.
Knowing or should have known the matters in the preceding paragraph Any act that obtains, uses or discloses the trade secrets of others shall be regarded as infringement of trade secrets.
The trade secrets mentioned in this article refer to those that are not known to the public. , technical information and business information that can bring economic benefits to the right holder, are practical and the right holder has taken confidentiality measures.
The right holder referred to 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.
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