1. What constitutes infringement of trade secrets
1. The following behaviors Behaviors that constitute infringement of trade secrets:
(1) Using unfair means such as theft, bribery, fraud, and coercion to obtain the right holder’s trade secrets;
(2) Disclose, use or allow others to use trade secrets obtained in the above manner;
( 3) Violate confidentiality regulations and disclose, use or allow others to use business secrets in their possession.
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 through the means mentioned in 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.
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 obligee mentioned in this article,Refers to the owner of the trade secret and the users of the trade secret with the permission of the owner of the trade secret.
2. Infringement of the company What are the responsibilities for trade secrets
Mainly, civil and administrative responsibilities can be pursued, and in serious cases, criminal responsibilities can also be pursued.
(1) Civil liability can be divided into tort liability and breach of contract liability. When an employer signs a confidentiality agreement with an employee, it can choose to pursue the employee's legal liability based on tort or breach of contract. If a third party is also involved - the party that actually uses the information, and if the third party still uses the information knowing that it was obtained illegally, it should be together with the infringer who steals the trade secrets or abuses the legitimate knowledge of the trade secrets for profit. If it constitutes infringement, the enterprise can name the third party as a co-defendant.
(2) Administrative Responsibility According to Article 25 of the Anti-Unfair Competition Law, the industrial and commercial administrative organs have the right to impose mandatory penalties in accordance with the law and order them to stop violating the law. behavior, and may be fined not less than RMB 10,000 but not more than RMB 200,000 depending on the circumstances. This provision provides a legal basis for dealing with infringement of trade secrets.
(3) Criminal Liability If the infringement of trade secrets causes heavy losses to the enterprise, the enterprise may report the case to the public security organ, who will file the case for investigation.
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