What is the definition of the crime of infringement of trade secrets
The crime of infringement of trade secrets refers to Using unfair means to obtain, use, disclose or allow others to use the right holder's trade secrets, causing heavy losses to the right holder of the trade secret.
The objects infringed by this crime include not only the state’s management system of trade secrets, but also the legal rights enjoyed by the owners of trade secrets; the objective aspect is the use of unfair Acts of obtaining, using, disclosing or allowing others to use the right holder's trade secrets, causing heavy losses to the right holder of the trade secrets.
Specifically include the following three situations:
(1) Obtaining the right holder’s trade secrets through theft, inducement, coercion or other improper means
(2) Disclose the use or allow others to use the business secrets of the right holder obtained by the means mentioned in the previous paragraph;
(3) Violate the agreement or violate the rights holder’s requirements for keeping trade secrets, disclose, use or allow others to use the rights holder’s rights; Possessing trade secrets. The so-called "trade secrets" refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical and the right holder has taken confidentiality measures; the so-called "right holder" refers to the user of the trade secret ; The criminal subject is a general subject, including both natural persons and units; the subjective aspect is intentionality.
When determining the nature of such cases, attention should be paid to knowing or should have known about the three behaviors listed above, obtaining, using or disclosing other people’s business secrets , on the basis of infringement of trade secrets.
According to the provisions of Articles 219 and 220 of the "Criminal Law, who commits this crime and causes heavy losses to the right holder of the trade secret, The offender shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, and shall also be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years, and shall also be fined. If a unit commits this crime, a double penalty system will be implemented, that is, the unit will be fined, and the person directly in charge and other directly responsible personnel will be punished in accordance with the above provisions.
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