What are the legal remedies for infringement of trade secrets
According to my country's current laws on the protection of trade secrets, the corresponding legal remedies can be It is divided into four ways, namely relief in civil law, relief in labor law, relief in administrative law and relief in criminal law.
1. Remedies in civil law
Relief in civil law, that is, requesting for breach of confidentiality agreement in accordance with the provisions of civil law The party bears liability for breach of contract or the infringer who infringes on trade secrets bears tort liability. The basis for the right to claim relief in civil law is contract or tort. A party that is obliged to keep secrets under a trade secret confidentiality contract violates the confidentiality contract and leaks or uses the trade secrets that it knows without authorization, which is a breach of contract. The obligee may sue on the grounds of breach of contract. According to Article 9 of the Anti-Unfair Competition Law, if another person obtains, discloses, and uses the right holder's trade secrets by unfair means, it is an infringement of the trade secrets of others, and the right holder may file an infringement lawsuit. In terms of forms of civil liability, the two most common methods are cessation of infringement and compensation for losses. There are two main ways to determine the amount of compensation: one is based on the actual loss of the right holder; the other is when the amount of loss is difficult to calculate, the amount of compensation is based on the profits gained by the infringement due to the infringement during the infringement period.
2. Remedies in labor law
This method only uses employees or former employees of the company. Employees violate the rules and regulations of corporate trade secrets and the confidentiality clauses in labor contracts. , confidentiality contract or non-compete contract, which 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 require employees who violate the above agreements to bear liability for damages.
3. Administrative law remedies
When an enterprise believes that its trade secrets have been infringed upon, it can report to the industrial and commercial administration authorities When applying to investigate and deal with infringements, an enterprise may also submit a request for mediation to the industrial and commercial administration authorities due to damage compensation issues, and the industrial and commercial administrative authorities may conduct mediation.
4. Remedies in criminal law
According to the provisions of Article 219 of the Criminal Law, infringement of trade secrets will cause serious consequences to the right holder. If the loss is serious, the person shall be sentenced to fixed-term imprisonment of not more than three years and concurrently with a fine or a fine alone; 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 times and concurrently fined. If the infringement of an enterprise's trade secrets constitutes a crime, the rights holder may file a complaint with the public security organ, requesting that the case be opened for investigation and criminal liability be investigated. While pursuing criminal liability, the right holder may file a civil lawsuit attached to the criminal offense to demand that the infringer bear civil liability for compensation.
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