What are the types of behaviors that constitute infringement of trade secrets?

Obtaining the right holder’s Trade secrets through theft, inducement, coercion or other improper means; disclosing the right holder’s trade secrets, using or allowing others to use the previous trade secret: violating the agreement or the obligee’s requirement to keep trade secrets is an infringement What types of trade secret behaviors are there? The editor of Legal Savior Network will answer them in detail for you below.

1. What are the types of infringement of trade secrets

1 , Obtaining the right holder’s trade secrets through theft, inducement, coercion or other improper means; disclosing the right holder’s trade secrets, using or allowing others to use the previous trade secret: violating the agreement or the obligee’s requirement to keep the trade secrets, disclosing , uses or allows others to use the trade secrets in his possession and commits one of the above-mentioned acts of infringement of trade secrets. Anyone who knows or should know about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be guilty of infringement of trade secrets. . Anyone who causes heavy losses to the right holder of a trade secret shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined; 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.

2. Legal basis: Article 219 of the "Criminal Law of the People's Republic of China", who commits any of the following acts of infringement of commercial secrets, and the circumstances are serious, shall be punished A fixed-term imprisonment of not more than three years and a fine or a fine alone; if the circumstances are particularly serious, a fixed-term imprisonment of not less than three years and not more than ten years and a fine: Obtaining rights through theft, bribery, fraud, coercion, electronic intrusion or other improper means Disclose, use or allow others to use the business secrets of the obligee obtained by means of the preceding paragraph: Violate confidentiality obligations or violate the obligee's requirements for keeping business secrets, disclose, use or allow others to use the business secrets in his possession. Trade secrets. Anyone who knows or should know about the behaviors listed in the preceding paragraph and obtains, uses or discloses other people's business secrets shall be deemed to have infringed on business secrets. 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 crime of infringement of trade secrets and what evidence needs to be collected

The objective elements of the crime of infringement of trade secrets refer to behaviors that infringe other people’s trade secrets and cause heavy losses to the owner of the trade secrets.

Therefore, the crime of infringement of trade secrets must be determined from the following three aspects.

The object of the crime is trade secrets;

Criminal behavior reflects the infringement of trade secrets;

The consequences of harm are serious consequences for the owner of trade secrets Loss.

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