1. What are the legal responsibilities for infringement of trade secrets in my country
1. The legal liability stipulated in my country's "Criminal Law" for the crime of infringement of trade secrets is as follows: Those who infringe trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or shall be fined; if the circumstances are special, If serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
2. Legal basis:
"Criminal Law of the People's Republic of China" 210 Article 9: Anyone who 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, and shall also be fined:
(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained through the means mentioned in the preceding paragraph;
( 3) Violating confidentiality obligations or violating rights holders’ requirements to keep business secrets, disclosing, using or allowing others to use business secrets in their 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. What are the main elements of the crime of infringement of trade secrets
1. This crime The subject is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to take responsibility can constitute this crime.
2. Units can also constitute the subject of this crime. If a unit commits this crime, the directly responsible person in charge and other directly responsible personnel shall be held criminally responsible in accordance with the provisions of this article.
3. In our country, infringement of commercial secrets The subjects of the crime usually include the following types:
(1) The director, manager and other administrators of the enterprise, employees or temporary employees of the enterprise, etc.;
(2) Personnel from the original company who have retired or been transferred;
(3 ) Persons who are entrusted and thus know and master business secrets, such as lawyers, patent agents, economic consultants, etc.;
(4) Supervision and inspection of enterprises , people with investigation and management rights, such as auditors, tax personnel, personnel in charge of administrative agencies, industrial and commercial managers, etc.;
(5) Except for the above four types of personnel In addition to becoming the subject element by disclosing trade secrets, any other person may become the subject of this crime by obtaining the trade secrets of the right holder through theft, inducement, coercion or other improper means;
(6) Relevant units and directly responsible persons who disclose, use or allow others to use the trade secrets in their possession in accordance with the contract or the obligee's requirements for keeping trade secrets. In addition, in order to obtain and use commercial secrets Units or individuals that have conspired in advance with criminals who disclose trade secrets shall be punished as joint crimes.
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