1. Which department should you contact if your trade secrets have been infringed?
1. Enterprise If your business secrets have been infringed, you should file lawsuits with different departments to seek judicial protection depending on the circumstances. If an enterprise's trade secrets are infringed, it can be sued directly to the People's Court; trade secret disputes are civil disputes. When an enterprise's trade secrets are infringed, the offended party can negotiate with the infringer and require him to stop the infringement and make appropriate compensation. Regarding the question of which department should be contacted if trade secrets are infringed, the editor of Legal Savior Network will give you a detailed answer below.
2. According to Article 219 of the "Criminal Law", one of the following acts of infringement of trade secrets has caused heavy losses to the right holder of the trade secret. , 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, 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) Obtain the right holder’s business secrets through theft, inducement, coercion or other improper means;
(2) Disclose, use or Allowing others to use the obligee’s business secrets obtained by means of the previous paragraph;
(3) Violating the agreement or violating the obligee’s requirements for keeping business secrets, disclosing, Use or allow others to use the trade secrets in their possession. Anyone who knowingly or should have known about the acts listed in the preceding paragraph and obtaining, using or disclosing the trade secrets of others shall be deemed to have infringed the trade secrets.
2. What are the manifestations of infringement of trade secrets
1. Obtain the right holder’s business secrets through theft, inducement, coercion or other unfair means. theft, generally refers to obtaining trade secrets by stealing the carrier of trade secrets; inducement refers to using money, items or other benefits as bait to make people who know the contents of trade secrets provide trade secrets; coercion refers to using money, items or other benefits as bait to make people who know the contents of trade secrets provide trade secrets; coercion refers to using money, items or other benefits as bait to make people who know the contents of trade secrets provide trade secrets. Use intimidation and threats to force others to provide trade secrets. Other unfair means refer to other unfair means other than theft, inducement, and coercion, such as snatching drawings containing trade secrets.
2. Disclose, use or allow others to use the right holder’s business secrets obtained through the first method above. This is a continuation of the first behavior above. Disclosure refers to informing the right holder's competitors or others of the trade secrets obtained illegally, or making the contents of the trade secrets public to the public; use refers to using the trade secrets obtained illegally for production or business operations; allowing others to use them. , refers to allowing others to use the trade secrets obtained by oneself for production or operation, including paid and unpaid situations.
3. Violate the agreement or the obligee's requirement to keep business secrets, disclose, use or allow others to use the business secrets in his possession. This refers to the act of disclosing, using or allowing others to use trade secrets by those who are legally aware of the contents of trade secrets, including staff within the company or enterprise, transferred personnel, retired personnel who have worked in the company or enterprise, and persons with rights holders. Relevant personnel who have entered into an agreement to keep trade secrets.
4. Obtain, use or disclose other people’s business secrets knowingly or should have known about the first to third illegal acts mentioned above. This is an act of indirect infringement of trade secrets, that is, a third party obtains, uses or discloses the trade secrets of others despite knowing or should have known that the person imparting the trade secrets to it has committed the above-mentioned illegal acts.
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