1. What does legal liability include for infringement of business secrets
1. Infringement of business secrets The responsibilities that need to be borne by secrets include civil liability, administrative liability, criminal liability, etc. The penalties for suspected criminal liability include: if the circumstances are serious, he 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 and not more than 10 years and shall also be fined. Other provisions of the law.
2. Legal basis:
"Anti-Unfair Competition Law of the People's Republic of China" 21. If operators and other natural persons, legal persons and unincorporated organizations violate the provisions of Article 9 of this Law and infringe commercial secrets, the supervision and inspection department shall order them to stop the illegal activities, confiscate the illegal gains, and impose a fine of not less than 100,000 yuan but not more than 1 million yuan. A fine of not less than RMB 500,000 but not more than RMB 5 million shall be imposed if the circumstances are serious.
"Criminal Law of the People's Republic of China" Article 219, paragraph 1, who commits any of the following acts of infringement of commercial secrets, if the circumstances are serious, shall be sentenced to three years The following fixed-term imprisonment shall be imposed concurrently or solely with a fine; if the circumstances are particularly serious, the prison sentence shall be not less than three years but not more than ten years in prison 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 Using the obligee’s business secrets obtained by means of the preceding paragraph;
(3) Violating confidentiality obligations or violating the obligee’s requirements for keeping business secrets, disclosing, using Or allow others to use the trade secrets in their possession.
2. What is infringement of trade secrets
1. Obtaining the right holder’s trade secrets through theft, inducement, coercion or other unfair means;
2. Disclose, use or allow others to use the right holder’s business secrets obtained through the previous means;
3. Units and individuals that have business relationships with the right holder violate the contract or the right holder’s requirement to keep business secrets, disclose, use or allow others to use the right holder’s business secrets;
4. An employee of the obligee violates the contract or the obligee's requirement to keep business secrets by disclosing, using or allowing others to use the obligee's business secrets in his possession. If a third party knowingly or should have known about the illegal acts listed in the preceding paragraph obtains, uses or discloses the business secrets of others, it shall be deemed as infringement of business secrets.Infringement of trade secrets is the act of obtaining the right holder by improper means and causing huge losses or obtaining benefits from it. 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.