1. What are the responsibilities for leaking trade secrets
1. Disclosure Those who disclose trade secrets shall bear the following legal responsibilities:
(1) Civil liability. Generally speaking, if the leakage of trade secrets causes losses to rights, it is an infringement. People must bear the responsibility for compensation.
(2) Criminal liability. If the leakage of trade secrets is serious, it will constitute the crime of infringement of trade secrets, and you will be held criminally responsible and sentenced according to the circumstances of the crime.
(3) Administrative responsibilities. If a trade secret is leaked, the right holder can file a complaint with the industrial and commercial administration department, and then the relevant departments will impose fines and other penalties on the infringer based on the leakage of the secret.
2. Legal basis:
"Anti-Unfair Competition Law of the People's Republic of China" Article 17, Article 21
"Criminal Law of the People's Republic of China" Article 219 [Crime of Infringement of Trade Secrets]
2. Characteristics of trade secrets
1. Non-disclosure
The premise of trade secrets is that they are not known to the public, while other intellectual property rights are public. There are even requirements for patent rights to be disclosed to a considerable extent.
2. Non-exclusiveness
Trade secret is a relative right. The proprietary nature of trade secrets is not absolute or exclusive. If someone else has obtained it legallyFor trade secrets with the same content, they have the same status as the first person. The owner of a trade secret cannot prevent those who have developed and mastered the information before him from using or transferring the information, nor can he prevent those who have developed and mastered the information after him from using or transferring the information.
3. Interest-related
Can enable operators to gain benefits and gain competitive advantages, or Has potential commercial benefits.
4. Term protection
The protection period of trade secrets is not statutory and depends on rights confidentiality measures and the disclosure of this secret by others. A technical secret may last for a long time due to the right holder's effective confidentiality measures and the application value of the technology itself, far exceeding the period of protection of the patented technology.
According to the provisions of the Anti-Unfair Competition Law, those who leak commercial secrets will be subject to legal liability including civil compensation, administrative penalties or criminal liability. The seriousness of leaking trade secrets will constitute the crime of infringement of trade secrets. 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.
