What is the legal protection of trade secret rights
Trade secret rights are subject to the Anti-Unfair Competition Law and Protection under the Criminal Code.
"Criminal Law of the People's Republic of China" 211 Article 19 Whoever commits any of the following acts of infringing on trade secrets, causing heavy losses to the right holder of 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 it causes particularly serious consequences, he shall be sentenced to not less than three years and seven years in prison. Imprisonment of not more than 1 year and a fine:
( 1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means;
(2) Disclosing, using or allowing others to use the right holder’s trade secrets obtained by means of the previous paragraph;
(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the information in his possession Trade secrets.
Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the business secrets of others, shall infringe Theory of trade secrets.
The trade secrets referred to in this article, It refers to technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical and the right holder has taken confidentiality measures.
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.
"Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)"
The following provisions are made for the filing and prosecution standards of cases of infringement of trade secrets;
(1) Causing losses of more than 500,000 yuan to the owner of the trade secret;
(2) The amount of illegal income from infringement of trade secrets is more than 500,000 yuan;
(3) Causing the bankruptcy of the owner of the trade secret;
(4) Other circumstances that cause significant losses to the trade secret owner.
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