1. How is the sentencing standard for the crime of infringement of trade secrets stipulated in the criminal law?
1. Whoever commits any of the following acts of infringing on trade secrets, causing 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 concurrently or solely to a fine; if the consequences are particularly serious, he shall be sentenced to not less than three years and seven years in prison. Limited imprisonment of not more than 10 years and a fine
2. Legal basis: Article 219 of the "Criminal Law"
Whoever commits any of the following acts of infringement of trade secrets, causing 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 or solely be fined; if it causes particularly serious consequences, A person 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) Whoever obtains the rights holder through theft, inducement, coercion or other unfair means Trade secrets;
(2) Disclosing, using or allowing others to use the right holder’s trade secrets obtained by means of 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.
Trade secrets as mentioned in this article refer to information that is not known to the public, can bring economic benefits to the obligee, is practical and has been kept secret by the obligee. technical information and business information.
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.
"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement":
Article 7 Anyone who commits one of the acts stipulated in Article 219 of the Criminal Law and causes a loss of more than 500,000 yuan to the right holder of a trade secret shall be deemed to have caused "significant losses to the right holder of the trade secret" and shall be prosecuted as infringement of the trade secret. The crime 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 amount of losses caused to the right holder of the trade secret exceeds 2.5 million yuan, it shall fall under the category of "causing special consequences" stipulated in Article 219 of the Criminal Law. "Serious consequences" shall be sentenced to a fixed-term imprisonment of not less than three years but not more than seven years and a fine for the crime of infringement of trade secrets.
2. What are the compensation standards for infringement of trade secrets
(1) Losses suffered due to the infringement of the trade secret right holder. This is mainly the calculable property and income losses of the right holder. Including: research and development costs, such as expenses time, money and financial resources; actual loss of benefits, such as reduction in production costs, increase in sales, increase in profit margins, etc.; reasonable expectations of future benefits.
(2) The amount of compensation shall be the profit obtained by the infringer due to the infringement. The specific calculation method can be: the product of the reduced sales volume multiplied by the reasonable profit of each product; the total reduction in sales is difficult to calculate , the total number of products sold on the market multiplied by the reasonable profit of each product can be used as the amount of compensation for loss.
(3), If the loss of the right holder or the profit gained by the infringer cannot be determined, it can be determined by referring to the reasonable expenses for the licensed use or expenditure of the trade secret. This method can be used when the trade secret right holder has signed a trade secret licensing contract with others. To calculate the amount of compensation, under normal circumstances, it can be presumed that this amount is the amount of compensation based on the license fee. Of course, when using this method to determine the amount of compensation, the nature and circumstances of the infringer and the nature and scope of the trade secret license should be comprehensively considered , time and other factors, it must be determined within the range of no less than the license fee and three times the license fee.Certainly. The court may, based on the request of the right holder and the specific circumstances of the case, include the reasonable expenses paid by the right holder for investigation, stopping the infringement, hiring attorney fees, etc. into the amount of damages.
(4). Fixed compensation. Fixed compensation is the amount of compensation determined by the People's Court at its discretion based on the specific circumstances of the case. In intellectual property cases, there are often situations where neither the plaintiff’s losses nor the defendant’s profits can be ascertained. According to Article 65 of the Patent Law: “The losses of the right holder, the benefits obtained by the infringer and the patent license If it is difficult to determine the royalties, the people's court may determine the amount of compensation to be between RMB 10,000 and RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement."
The crime of infringement of trade secrets refers to obtaining the trade secrets of the right holder through theft, inducement, coercion or other unfair means, or illegally disclosing, using or allowing others to do so. The act of using the trade secrets that it possesses or acquires to cause heavy losses to the right holder of the trade secrets. So what are the sentencing standards for the crime of infringing 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.
