What are the responsibilities for infringement of trade secrets
First, it is civil liability. Among them, if it is a breach of contract liability, the circumstances are relatively minor. If one party infringes the other party’s business secrets during the signing of the contract, but does not cause any substantial harm to interests and rights, then it needs to pay Compensation will be made for liquidated damages stipulated in the contract. In addition, if it is tort liability, this kind of chaos is more serious. If the other party's business secrets are infringed and the other party is damaged, the compensation must be based on the loss suffered by that party. If this loss It is not easy to calculate, so the infringing party must compensate the infringed party with the profits it gained during the infringement process. And the infringing party must bear the expenses incurred by the infringed party in the process of mediating the incident.
Second, administrative responsibility. Infringement must be ordered to stop by the relevant supervision and inspection departments, and in addition to the amount of losses that must be compensated, the infringing party must also be fined.
Third, that is criminal liability. In serious cases, if the infringement is serious and the infringement is serious, causing serious harm and loss to the infringed party, it constitutes a crime. This is the crime of infringement of trade secrets, and one must bear criminal liability. If it is an individual crime, then there will be a penalty of imprisonment and a fine. If it is an organization, then a fine will be imposed.The latter will hold those directly responsible or the main person responsible for infringement of trade secrets accountable.
"Criminal Law of the People's Republic of China" Article 219 Whoever commits any of the following acts of infringing on trade secrets, causing heavy losses to the right holder of trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the consequences are particularly serious, he shall be sentenced to: Fixed-term imprisonment of not less than three years but not more than seven years, and a fine:
(1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means;
(2) Disclosing, using or allowing others to use the right holder’s trade secrets obtained by the means mentioned in the previous paragraph;
(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the information in his possession of trade secrets.
Knowing or should have known about the acts listed in the preceding paragraph, obtaining , use or disclose the trade secrets of others, it shall be deemed as infringement of trade secrets.
Trade secrets as mentioned in this article refer to information that is not available to the public Known enough to be the right holderTechnical information and business information that brings economic benefits, is practical, and has been kept confidential by the rights holder.
The right holder mentioned in this article refers to the owner of the trade secret The owner and the users of the trade secret with the permission of the owner of the trade secret.
"The Supreme People's Procuratorate and the Ministry of Public Security's Jurisdiction on Public Security Organs Article 73 of the Standards for Filing and Prosecution of Criminal Cases (2)
The following provisions are made for the filing and prosecution standards of cases of infringement of trade secrets: (1) The loss caused to the owner of the trade secret is more than 500,000 yuan; (2) The amount of illegal income due to the infringement of trade secrets is more than 500,000 yuan (3) causing the trade secret obligee to go bankrupt; (4) other circumstances causing significant losses to the trade secret obligee.
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