1. What is the general sentence for the crime of infringement of trade secrets?
1. Any natural person who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.
2. If a unit commits this crime, the unit shall be fined, and the persons directly in charge and other directly responsible persons shall be held criminally responsible in accordance with the above provisions. .
3. Legal basis: "Criminal Law of the People's Republic of China"
Article 219 Whoever commits any of the following acts of infringement of trade secrets, if the circumstances are serious, shall be punished A fixed-term imprisonment of not less 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 but not more than ten years and a fine:( 1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;
(2) Disclosure, use or Allowing others to use the obligee’s business secrets obtained by means of the previous paragraph;
(3) Violating confidentiality obligations or violating the obligee’s requirements for keeping business secrets, disclosing , use or allow others to use the trade secrets in their 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 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. What are the issues in identifying evidence for infringement of trade secrets
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1. It is difficult for the public prosecution agency to provide evidence for accusing the defendant of infringement of trade secrets. This difficulty in providing evidence mainly manifests itself in two aspects: on the one hand, it manifests itself in the non-cooperation of the rights holder. Often rights holders are unwilling to provide evidence of their own trade secrets, and are even less willing to submit technical information to relevant departments for identification. This causes problems in providing evidence of infringement of trade secrets by perpetrators.
2. Identification of whether the information leaked by the perpetrator is a trade secret.
If the conditions for identification are met, the relevant technical information should be entrusted to a professional authoritative department for identification. This is because when examining whether the technical information leaked by the perpetrator is a trade secret, it often involves very complex technical issues. The judge knows very little about this type of professional technology, so how to determine that the professional technology is a trade secret. In this case, the identification of professional authorities is particularly important. Because professionals have a relatively good understanding of the latest domestic and foreign situations of professional technology, the conclusions they draw through data retrieval and comparative analysis are scientific and objective to a certain extent. The judge is a neutral referee. The appraisal conclusion based on which the case is finalized must be cross-examined in court and after hearing the opinions of both parties, and then combined with other evidence, conduct a comprehensive review and judgment before deciding whether to accept it.
Whoever infringes on trade secrets,if the circumstances are serious, shall be sentenced to a fixed-term imprisonment of not more than three years, and shall also or shall be fined alone; if the circumstances are particularly serious, shall be sentenced to a fixed-term imprisonment of not less than three years and not less than ten years to fixed-term imprisonment of not more than 10 years and to a fine.
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