Will accidentally leaking a company's trade secrets constitute a crime of trade secret infringement?

The crime of infringing on Trade secrets refers to obtaining the trade secrets of the right holder through theft, inducement, coercion or other improper means, or illegally disclosing, using or allowing others to use the trade secrets that it possesses or obtains, and giving the right holder of the trade secrets Behavior that causes heavy losses. Regarding the question of whether accidentally leaking a company's trade secrets will constitute a crime of infringement of trade secrets, the editor of Legal Savior Network will answer it in detail for you below.

1. Will accidentally leaking the company’s trade secrets constitute a crime of infringement of trade secrets?

1. The crime of infringement of trade secrets refers to obtaining the right holder’s trade secrets through theft, inducement, coercion or other improper means, or illegally disclosing, using or allowing others to use the trade secrets that it possesses or obtains. Behavior that causes significant losses to the right holder of the trade secret.

2. Accidentally leaking the company's trade secrets is a negligence and may involve civil issues. If it is intentional and causes significant losses, it will constitute the crime of infringement of trade secrets.

3. Legal basis: "Criminal Law of the People's Republic of China"

210 Article 9 [Crime of Infringement of Trade Secrets] Whoever commits one of the following acts of infringing on trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, Also subject to fines:

(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;

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(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;

(3) Violating confidentiality obligations or violating rights holders’ requirements to keep business secrets, disclosing, using or allowing others to use business secrets in their possession.

Whoever knowingly obtains, discloses, uses or allows others to use the trade secrets listed in the preceding paragraph shall be deemed to have infringed the trade secret theory.

The right holder as mentioned in this article refers to the owner of the trade secret and the owner of the trade secret with the permission of the owner of the trade secret.Possible users of trade secrets.

2. Measures that can be taken if trade secrets are violated

1. Resolve through negotiation

Trade secret disputes are civil disputes. When a secret is infringed upon, the victim may negotiate with the infringer and require him to stop the infringement and make appropriate compensation to safeguard his legitimate rights and interests.

2. Apply for arbitration to an arbitration institution

(1) The enterprise’s trade secrets have been infringed , if a contract has been signed between the enterprise and the infringer before, and both parties voluntarily reach an arbitration agreement, they can apply for arbitration to the local arbitration institution or the arbitration institution agreed in the arbitration agreement between the two parties in accordance with the Arbitration Law of the People's Republic of China. However, if there is no arbitration agreement, you cannot apply for arbitration. If there is an arbitration agreement, you cannot file a lawsuit in the People's Court. Arbitration adopts a final decision system. After the award is made, you cannot apply for arbitration or file a lawsuit in the People's Court on the same dispute.

(2) Disputes between enterprises due to labor disputes or employees who have signed a "Labor Contract" change jobs without authorization before the expiration of the term, taking away the company's business secrets , if the interests of the enterprise are infringed, the enterprise can apply for arbitration to the local labor dispute arbitration committee in accordance with the "Regulations of the People's Republic of China on the Handling of Labor Disputes". If you are dissatisfied with the arbitration award, you may file a lawsuit in the People's Court within 15 days.

3. Complain to the industrial and commercial administration department

"The industrial and commercial administration department of the people's government at or above the county level The management department shall supervise and inspect acts of unfair competition." If an enterprise's trade secrets are infringed by the infringer's unfair behavior, it may lodge a complaint with the industrial and commercial administration department at or above the county level in accordance with the above provisions.

4. File a lawsuit in the People's Court

According to the "Criminal Law", "Civil Code", The Anti-Unfair Competition Law and other laws stipulate that if an enterprise's trade secrets are infringed, it can directly file a lawsuit with the People's Court. Generally speaking, the lawsuit should be filed with the People's Court of the place where the defendant is domiciled or the People's Court of the place where the infringement occurred.

If a company’s trade secrets are infringed upon, it should promptlyThe infringer shall be required to stop the infringement and bear corresponding compensation. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.