What are the penalties for bribery by an employer? What are the legal responsibilities for infringement of trade secrets and infringement of trade secrets? What
laws that infringe trade secrets Liability:
1. Civil liability. The infringement of trade secrets is first of all a civil infringement and therefore should bear civil liability. The General Principles of Civil Law of our country do not specifically provide for civil liability for infringement of trade secrets. It is generally believed that according to the basic principles of the general principles of civil law, infringement of trade secrets should bear civil responsibilities such as cessation of infringement, compensation for losses, restoration of reputation, elimination of influence, and apology according to the circumstances.
Stopping an infringement is generally an infringement lawsuit in court. Remedial measures taken only after the substantive issues have been decided. For trade secret infringement cases, if the right holder of the trade secret can prove the following points, the court can also make a ruling to stop the infringement in the pre-litigation proceedings at the request of the right holder: the plaintiff has preliminarily proved that the defendant has infringed its trade secret; if not Stopping the infringement will cause irreparable losses to the rights holder; stopping the infringement will not cause unreasonable damage to the defendant. Rights holders who request the court to first rule to stop the infringement should provide guarantees.
For physical carriers that record or embody trade secrets, The infringer shall return the infringement to the right holder in accordance with the law or keep it in the custody of the right holder.Destroyed under supervision. If the infringer has illegally obtained but has not yet disclosed, used or allowed a third party to use another person's trade secret, the infringer shall not disclose, use or allow others to use it.
2. Administrative responsibilities. When imposing penalties in accordance with the provisions of the preceding paragraph, the industrial and commercial administrative organs may handle the infringing articles as follows:
(1) Order and supervise the infringer to return the drawings, software and other relevant materials containing trade secrets to the right holder.
(2) Supervise the destruction of rights holders by infringers Products produced with trade secrets and entering the market will cause the trade secrets to be disclosed. However, this is excepted if the rights holder agrees to acquisition, sale and other processing methods.
3. Criminal liability. According to Article 219 of the Criminal Law, serious infringement of trade secrets may constitute a crime and require criminal liability. According to the principles of criminal law and administrative law, if the infringement of trade secrets constitutes a crime, after the perpetrator bears criminal liability, he does not need to bear administrative liability.
It should be noted that due to the rights of trade secrets Persons include owners and licensees. Therefore, for infringement of trade secrets, owners and licensees have the right to demand that the infringer bear infringement liability. However, after a trade secret is illegally disclosed by others, the trade secret no longer becomes a "secret" and can be freely used by the public. The owner of the original trade secret has no right to require the original licensee to pay royalties. Of course, the owner's loss of royalties can be claimed as compensation from the infringer.
How to punish the employer for bribery
"Criminal Law" Article 391 [Crime of Bribery to Units] In order to seek unfair gains Anyone who provides legitimate benefits to state agencies, state-owned companies, enterprises, institutions, or people's organizations, or who violates state regulations and provides kickbacks or handling fees in various forms during economic transactions shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. , and impose a fine.If a unit commits the crime in the preceding paragraph, the unit shall be sentenced to A fine shall be imposed, and the person directly in charge and other persons directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
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