1. What are the responsibilities for infringement of trade secrets
1. Mainly possible Civil and administrative liability may be pursued, and in serious cases criminal liability may be pursued.
(1) Civil liability can be divided into tort liability and breach of contract liability. When an employer signs a confidentiality agreement with an employee, it can choose to pursue the employee's legal liability based on tort or breach of contract. If a third party is also involved - the party that actually uses the information, and if the third party still uses the information knowing that it was obtained illegally, it should be together with the infringer who steals the trade secret or abuses the legitimate knowledge of the trade secret for profit. If it constitutes infringement, the enterprise can name the third party as a co-defendant.
(2) The industrial and commercial administrative organs have the right to impose mandatory penalties in accordance with the law, order the cessation of illegal activities, and may impose a fine of not less than RMB 10,000 but not more than RMB 200,000 depending on the circumstances. fine. This provision provides a legal basis for dealing with infringement of trade secrets.
(3) Criminal Liability If the infringement of trade secrets causes heavy losses to the enterprise, the enterprise may report the case to the public security organ, who will file the case for investigation.
2. Legal provisions:
Article 111 of the Civil Code of the People's Republic of China Article 10, [Personality rights of civil subjects] Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy, marital autonomy and other rights. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.
2. How to compensate for property infringement
Property infringement includes two situations: misappropriation of property and damage to property: the so-called misappropriation of property means that the actor illegally possesses the property of others; the so-called damage to property means that the actor infringes upon the property rights of others and causes A decrease in the functional value of a property. The result of property infringement will cause property losses to the right holder, mainly adverse changes in property, including positive reductions and negative non-increases in property.
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