1. How to punish the crime of infringement of trade secrets
1. Punishment for trade secret crimes: Generally, the person 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. The crime of infringing on trade secrets refers to obtaining the trade secrets of the right holder through theft, inducement, coercion or other improper means, or illegally disclosing, using or allowing others to use the trade secrets that it possesses or obtains, and giving the right holder of the trade secrets Behavior that causes heavy losses.
2. Legal basis:
"Criminal Law of the People's Republic of China" 210 Article 9
Anyone who commits any of the following acts of infringement of 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 be sentenced to: Or if a fine alone causes particularly serious consequences, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:
(1) Using theft, inducement or coercion or other improper means to obtain the business secrets of the right holder
(2) Disclose, use or allow others to use the business secrets of the right holder obtained by the means mentioned in the preceding paragraph.
(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade 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.
2. What are the responsibilities for infringement of trade secrets
If a trade secret is infringed, one should be responsible for stopping the infringement and making an apology to eliminate the impact. Compensate for losses and bear corresponding civil liability for liquidated damages. For infringements, the corresponding industrial and commercial administrative departments may also impose administrative fines of more than 10,000 yuan and less than 200,000 yuan. If serious cases require criminal liability.
I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.