What are the remedies for infringement of trade secrets
Protection of trade secrets from the current laws of our country and corresponding laws Relief channels can be divided into civil channels, administrative channels and criminal channels.
(1) Civil remedies
Civil law remedies, that is, requests for breach of confidentiality in accordance with the provisions of civil law The parties to the agreement bear liability for breach of contract or the infringer of infringement of trade secrets bears tort liability. The basis for the right to claim relief in civil law is contract or tort
When a trade secret owner claims infringement by another party, he must not only prove that the other party has obtained, disclosed, or used the information involved in the lawsuit, but also that the information It is very difficult from a practical and evidentiary perspective to directly prove that the information originated from the plaintiff. In order to balance the interests of both parties, judicial practice generally adopts a presumption method: the plaintiff proves that the information of both parties is the same and that the defendant may have access to the plaintiff's information. It is presumed that the defendant's information comes from the plaintiff, unless the defendant proves that his information comes from another source. This presumption is generally referred to as the "same + contact - reasonable source" identification method.
(2) Administrative law remedies
Article 21 of the Anti-Unfair Competition Law If operators and other natural persons, legal persons and unincorporated organizations violate the provisions of Article 9 of this Law and infringe commercial secrets, the supervision and inspection department shall order them to stop the illegal activities, confiscate the illegal gains, and impose a fine of not less than 100,000 yuan but not more than 1 million yuan; If the circumstances are serious, a fine of not less than 500,000 yuan but not more than 5 million yuan will be imposed.
For state officials who have access to corporate secrets due to their official duties, it should be considered that it is their legal obligation to keep the commercial secrets they come into contact with. When they infringe corporate trade secrets, the enterprise can If the first-level administrative agency submits an administrative review and is dissatisfied with the result of the administrative review, it may file another lawsuit or directly file an administrative lawsuit to request state compensation in accordance with the relevant provisions of the Administrative Litigation Law and the State Compensation Law.
(3) Remedies in criminal law
The law is the last line of defense for social justice, and criminal law can be said to be the cornerstone of this last line of defense. . Article 219 of China's "Criminal Law" stipulates that anyone who infringes a trade secret and causes heavy losses to the right holder may be sentenced to a fixed-term imprisonment of up to seven years and a fine.The above is the relevant knowledge compiled by the editor for everyone. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services , welcome your legal consultation.
