What is the standard for determining the amount of the crime of infringement of trade secrets
There is no law on determining the amount of the crime of infringement of trade secrets Clear regulations.
1. What is the crime of infringement of trade secrets
span>The crime of infringement of trade secrets refers to theft, inducement, Obtaining the trade secrets of the obligee through coercion or other improper means, or illegally disclosing, using or allowing others to use the trade secrets they possess or obtain, causing heavy losses to the obligee of the trade secret.
2. How to determine the crime of infringement of trade secrets
span>Identification of evidence for infringement of trade secrets
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 is mainly reflected in two aspects : On the one hand, it manifests itself in the non-cooperation of the right holder. Rights holders are often 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 trade secret infringement by perpetrators.
2. Whether the information disclosed to the perpetrator is The issue of identification of trade secrets.
If the conditions for identification are met, relevant technical information Professional authorities should be entrusted with the appraisal. 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 are relatively familiar with the latest domestic and international situations of professional technology, the conclusions they draw after retrieving and conducting comparative analysis of data 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 the opinions of both parties are heard. The judge then conducts a comprehensive review and judgment based on other evidence before deciding whether to accept it or not.
The above is the relevant information summarized by the editor of Legal Savior Network If you still don’t understand the content of this article, you can find a lawyer for consultation and guidance through the Legal Savior Network. They can tell you the answer directly.