1. Penalties for leaking or illegally using trade secrets
1. Disclosure The punishment for illegal use of trade secrets is one of the statutory infringement of trade secrets. If the circumstances are serious, he 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 ten years. , and impose a fine. Other provisions of the law.
2. Legal basis "Criminal Law"
Article 219 1 If a person commits one of the following acts of infringement of trade secrets, and the circumstances are serious, he 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 and 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 for keeping trade secrets, disclosing, using or allowing others to use trade secrets in their possession.
2. What are the standards for filing a case for the crime of infringement of trade secrets
Anyone who infringes on trade secrets and is suspected of one of the following circumstances shall be prosecuted File a case for prosecution:
1. The amount of losses caused to the owner of the trade secret is more than 500,000 yuan;
2. The amount of illegal income obtained from infringement of trade secrets is more than 500,000 yuan;
3. The trade secret obligee goes bankrupt;
4. Other circumstances that cause significant losses to the trade secret obligee.
In summary, infringement of trade secrets occurs in the economic field, especially in competitive industries or fields, and most countries also protect it through criminal penalties. Our country has also established a legal protection system for trade secrets that includes civil law protection, administrative law protection and criminal protection. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
