What is the criminal liability for the crime of infringement of trade secrets
According to "China According to the provisions of the Criminal Law of the People's Republic of China and the Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement by the Supreme People's Court and the Supreme People's Procuratorate, the criminal liability for the crime of infringement of trade secrets is:
(1) If the amount of losses caused to the right holder exceeds 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the amount of losses caused to the right holder exceeds 2 If the amount exceeds 1.5 million yuan, 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) If the unit commits this crime, the unit shall be fined. The amount of the fine shall be determined at three times the individual fine, and the person directly responsible for the crime and the person directly in charge shall be fined. Responsible persons shall be punished in accordance with Article 219 of the Criminal Law.
"Criminal Law" Article 219 [Crime of Infringement of Trade Secrets] There is Anyone who commits one of the following infringements of trade secrets, causing heavy losses to the right holder of the trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely to a fine; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. , and shall be fined:
(1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other unfair 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) Violating the agreement or the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession.
Knowing or should have known about the acts listed in the preceding paragraph, obtaining, using or disclosing other people’s businessAny business secret shall be deemed to have been infringed upon.
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.
The above knowledge is the answer of the editor of Legal Savior Network to the question "What is the criminal liability for the crime of infringement of trade secrets?" If readers need legal knowledge Help, welcome to Legal Savior Network for legal consultation.