1. What are the subjects that constitute the crime of infringement of trade secrets
1. The criminal subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity to act can constitute this crime. In addition, units can also constitute the criminal subject of this crime.
2. If a unit commits this crime, the person directly in charge and other directly responsible personnel shall be held criminally responsible in accordance with the provisions of this article.
3. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 9 [Crime of Infringement of Trade Secrets] 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, Also subject to fines:
(1) Obtaining the right holder's business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;
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(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violating the obligation of confidentiality or violating the rights holder's requirements for keeping business secrets, disclosing, using or allowing others to use the business secrets in his possession.
Whoever 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 secret theory.
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. How to determine the infringement of trade secrets
1. The first aspect is the right holder Not cooperative. Often rights holders are unwilling to provide evidence of their own trade secrets, and are even less willing to submit technical information to relevant departments for identification. This causes problems in providing evidence that the perpetrator has infringed on trade secrets.
2. The second aspect is the identification of whether the information leaked by the perpetrator is a trade secret. If the conditions for appraisal are met, the relevant technical information should be entrusted to a professional department for appraisal.
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