1. Remedies for infringement of company’s trade secrets
1. Company Remedies for infringement of trade secrets include complaints to the industrial and commercial administration departments, prosecution, etc. Leaking company secrets is a crime of infringement of trade secrets, which takes the form of disclosing, using or allowing others to use the right holder's trade secrets obtained by means of the previous paragraph.
2. Legal basis: "Criminal Law"
Article 219: Anyone who commits one of the following infringements of trade secrets, if the circumstances are serious, 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, shall be sentenced to fixed-term imprisonment of not less than three years but 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 by means of the previous paragraph;
(3) Breach of confidentiality Obligation or violation of the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in its possession. Anyone who knowingly obtains, discloses, uses or allows others to use the trade secrets listed in the preceding paragraph shall be deemed to have infringed the trade secrets.
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. What are the infringements of trade secrets
1. The operator obtains the right holder’s business secrets through theft, inducement, coercion or other improper means.
2. The operator discloses, uses or allows others to use the right holder’s business secrets obtained through theft, inducement, coercion or other unfair means.
3. The operator violates the agreement or the obligee's requirement to keep business secrets by disclosing, using or notifying others to use the business secrets in his possession.
4. When a third party knows or should know that the business secret is obtained by the operator through improper means and illegally discloses, uses or allows others to use it , still obtain, use or disclose the right holder’s trade secrets.
The civil liability for infringement of trade secrets mainly includes stopping the infringement, removing obstacles, compensating for losses, paying liquidated damages, restoring reputation and honor, etc. 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.
