What are the objective elements of the crime of infringement of trade secrets
The crime of infringement of trade secrets objectively manifests itself as a violation of national anti-unfair competition laws and regulations. Infringement of trade secrets and causing heavy losses to the right holder of trade secrets.
According to the provisions of Article 9 of the "Criminal Law" and "Anti-Unfair Competition Law", the objective elements of the crime of infringement of trade secrets include:
(1) Obtain the right holder’s business secrets through theft, inducement, 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 preceding paragraph;
(3) Units and individuals that have business relationships with the right holder, Violate the agreement or the obligee's requirement to keep trade secrets, disclose, use or allow others to use the trade secrets in his possession.
(4) An employee of the right holder violates the contract or the right holder’s requirement to keep commercial secrets by disclosing, using or allowing others to use the right holder’s information trade secrets.
(5) If a third party knowingly or should have known about the illegal acts listed in the preceding paragraph, obtains, uses or discloses the business secrets of others, it shall be deemed as infringement of business secrets.
Objective elements of the crime of infringement of trade secrets
The objects infringed by the crime of infringement of trade secrets are the legitimate rights and interests of the trade secret obligee in the trade secrets and the normal and orderly market economic order protected by the state. The object of this crime is trade secrets.
The so-called trade secrets, according to theAccording to the provisions of the Fair Competition Law, it refers to technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical, and the right holder has taken confidentiality measures. The crime of infringement of trade secrets must first determine whether the object is a trade secret.
Therefore, the requirements for trade secrets stipulated in the Anti-Unfair Competition Law must be met. The so-called "not known to the public" means that the information cannot be obtained directly from public channels. The so-called "can bring economic benefits to the right holder and is practical" means that the information has definite economic benefits or competitive advantages.
The so-called "right holder takes confidentiality measures" includes limiting the scope of knowledge of confidential information and only informing relevant personnel who must know its content; for confidential information Take preventive measures such as locking the carrier; mark the carrier of confidential information with a confidentiality mark; use passwords or codes for confidential information; sign a confidentiality agreement; restrict visitors to confidential machines, factories, workshops and other places or make requests Confidentiality requirements; other reasonable measures to ensure the confidentiality of information.
Technical means are used to disassemble, survey and analyze products obtained from public channels to obtain relevant technical information about the product.
According to the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of Law in the Trial of Civil Cases of Unfair Competition", trade secrets obtained through reverse engineering and other means , is not considered as infringement of trade secrets. However, if a party obtains the business secrets of others through improper means and then claims that the acquisition is legal on the grounds of reverse engineering, this will not be supported.
The above is an introduction to the objective elements of the crime of infringement of trade secrets. I hope it can help everyone. If you need to know more, please pay attention to the official website of Legal Savior Network and consult our Legal Savior Network lawyers online. We will serve you wholeheartedly.
