1. What are the penalties for the crime of infringement of trade secrets
According to my country's " According to the relevant provisions of the Criminal Law, whoever infringes on trade secrets and causes heavy losses to the right holder of the trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if particularly serious consequences are caused, he shall be sentenced to not less than three years and seven years. to fixed-term imprisonment of not more than 10 years and to a fine.
"Criminal Law of the People's Republic of China"
Article 219 [Infringement of Commercial Crime of secrets] Whoever commits one of the following acts of infringing on trade secrets, causing heavy losses to the right holder of the trade secret, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined, or shall be fined alone; if the consequences are particularly serious, he shall be sentenced to not less than three years and seven years
(1) Obtaining the right holder’s trade secrets through theft, inducement, coercion or other unfair means;
p>
(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 violating the obligee's requirement to keep business secrets by disclosing, using or allowing others to use the business secrets in his possession.
Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets.
Trade secrets as mentioned in this article refer to information that is not known to the public, can bring economic benefits to the obligee, is practical and has been kept secret by the obligee. technical information and business information.
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. How to calculate significant losses of trade secrets
1. The losses suffered by the owner of the trade secret due to the infringement shall be used as the basis for conviction and sentencing.
2. The benefits obtained by the infringer due to the infringement shall be used as the basis for conviction and sentencing. As a loss.
3. As a loss, the reasonable usage fee shall be no less than the reasonable usage fee of the trade secret use license.
The above is the editor's answer to relevant questions from the Legal Savior Network. If it constitutes the crime of infringing on trade secrets and causes heavy losses to the owner of the trade secret, he may be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to or A fine alone; if particularly serious consequences are caused, the person may be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and a fine. You are welcome to seek more legal consultation from professional lawyers on the Legal Savior Online.