What is the latest sentencing standard for the crime of infringement of trade secrets?

Criminals who commit the crime of infringing on trade secrets shall, in accordance with the provisions of the Criminal Law, be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if particularly serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently with a fine. Regarding the question of what is the latest sentencing standard for the crime of infringement of trade secrets, the editor of Legal Savior Network will give you a detailed answer below.

1. What is the latest sentencing standard for the crime of infringement of trade secrets?

1. Criminals who commit the crime of infringing on trade secrets shall, in accordance with the provisions of the Criminal Law, 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, they shall be sentenced to: A term of imprisonment of not less than three years but not more than seven years, and a fine.

2. Legal basis: According to"Criminal Law of the People's Republic of China" Article 211 Article 19 Crime of infringement of trade secrets:Whoever commits any of the following acts of infringement of trade secrets and causes heavy losses to the right holder of the trade secret shall be sentenced to a fixed term of not more than three years Imprisonment or criminal detention, and concurrently or solely a fine; if particularly serious consequences are caused, 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:

(1) Obtaining the right holder’s business secrets through theft, inducement, coercion 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 the agreement or violating the obligee’s requirements for keeping business secrets, disclosing, using or Allow others to use the trade secrets in their possession.

2. Calculation of significant losses caused by infringement of trade secrets to right holders

According to relevant judicial interpretationsAccording to the interpretation, those who infringe on trade secrets and cause losses of more than 500,000 yuan to the owner of the trade secret shall be prosecuted.

There are no provisions in relevant criminal judicial interpretations and normative guidance documents on how to calculate losses caused by infringement of trade secrets. Civil laws and judicial interpretations should be used to determine losses. , is the most commonly used method in judicial practice. There are generally three calculation models. The first is based on the losses caused by the infringement of the trade secret right holder; secondly, the benefits obtained by the infringer are regarded as the losses suffered by the right holder due to the infringement; the third is based on the licensed use of the trade secret. Fees serve as a supplementary calculation model.

The actual losses suffered by the right holder can be calculated based on the total reduction in sales caused by the infringement multiplied by the reasonable profit of each product. If the total reduction in sales volume is difficult to determine, the product of the total number of infringing products sold on the market multiplied by the reasonable profit of each product can be regarded as the actual loss suffered by the right holder due to the infringement. The benefits gained by an infringer due to infringement can be calculated based on the product of the total number of infringing products sold on the market multiplied by the reasonable profit of each infringing product. The benefits obtained by an infringer due to infringement are generally calculated based on the infringer's business profits. For infringers who are solely engaged in infringement, they can be calculated based on sales profits. If it is difficult to determine the loss of the right holder or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the trade secret license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

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