1. What are the sentencing standards for the crime of infringement of trade secrets stipulated in the criminal law
1 , the criminal law stipulates that the sentencing standard for the crime of infringement of trade secrets is: a fixed-term imprisonment of not more than three years, and a fine or a fine alone; if the infringement of trade secrets is particularly serious, the penalty is a fixed-term imprisonment of not less than three years but not more than ten years, and a fine.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 9 Whoever commits one of the following acts of infringing on 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, he 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 preceding paragraph;
(3) ) Violates the obligation of confidentiality or violates the rights holder's requirements for keeping trade secrets by disclosing, using or allowing others to use the trade secrets in its possession.
2. How should companies protect their rights when they discover that trade secrets have been leaked
1. Civil law remedies
If the employee has signed a confidentiality agreement with the company, then According to the contract, if an employee violates the confidentiality clause, it constitutes a breach of contract and shall bear liability for breach of contract. The company can require employees to compensate for corresponding losses based on the confidentiality contract, or require commercial arbitration or litigation.
If someone commits an act of infringement of trade secrets as stipulated by law and causes serious damage to the company, the company can file a lawsuit with the people's court with jurisdiction and request the employee to bear the responsibility to stop the infringement, eliminate the impact and Compensation for losses and other civil liabilities.
2. Criminal law relief
If the enterprise's trade secrets are infringed If the behavior is serious and causes serious losses to the company, the company can file a criminal private prosecution with the people's court or file a complaint with the public security organs and request that the case be opened for investigation. The infringer will be held criminally responsible, and an accompanying civil lawsuit can be filed to require the infringer to compensate for the corresponding losses.
Criminal detention, and concurrently or solely with a fine; if particularly serious consequences are caused, he 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) With Stealing, inducement, coercion or other improper means to obtain the right holder’s business secrets;
(2) Disclosing, using or allowing others to use the means obtained in the preceding paragraph The right holder’s trade secrets;
(3) Violating the agreement or violating the right holder’s requirements for keeping trade secrets, disclosing, using or allowing others to use the rights holder’s business secrets; Trade secrets.
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.
3. Administrative Law Remedies
If the company believes that its trade secrets have been infringed, it may apply to the industrial and commercial administration The administrative agency applies to investigate and deal with the infringement. The company can also submit a mediation request to the industrial and commercial administrative agency for damages, or it can directly file a lawsuit with the People's Court and request damages.
4. Labor law remedies
Company employees who violate the company's business protection obligations after the conclusion of the contract, the performance of the contract, and the termination of the contract Secret rules and regulations, violation of the confidentiality clause, confidentiality contract or non-competition contract in the labor contract, causing losses to the company, the company can apply for labor arbitration to the Labor Dispute Arbitration Committee in accordance with the provisions of the labor law, requesting employees who violate the above agreements bear liability for damages. If you are dissatisfied with the labor arbitration award, you may file a lawsuit in the People's Court within the statutory period.
Even if the company's trade secrets are unintentionally disclosed, they may be held criminally responsible. While being sentenced, the consequences of such leakage to the company You will also be liable for civil compensation for losses. Complying with company trade secrets is one of the basic qualities that every executive must possess. Once trade secrets are violated, the losses may be difficult to estimate. 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.