2023 Sentencing Standards for the Crime of Infringement of Trade Secrets

The criminal law stipulates that the sentencing standard for the crime of infringement of trade secrets is: a fixed-term imprisonment of not more than three years and a fine or a fine; if the infringement of trade secrets is particularly serious, the penalty is a fixed-term imprisonment of not less than three years and not more than ten years, and a fine. Regarding the issue of sentencing standards for the crime of infringement of trade secrets, the editor of Legal Savior Network will give you a detailed answer below.

1. Sentencing standards for the crime of infringement of trade secrets

1. Infringement of commercial secrets Those who commit secret crimes shall be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely with a fine; if the circumstances of infringement of trade secrets are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years and shall also be fined.

2. 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 the obligation of confidentiality or violating the rights holder's requirements for keeping business secrets, disclosing, using or allowing others to use the business secrets in his 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 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.

2. How should companies protect their rights when they discover that trade secrets have been leaked

1. Civil law relief, if it is like an employee and a companyIf the company has signed a confidentiality agreement, then according to the contract, if the employee violates the confidentiality clause, it will constitute a breach of contract and he should bear the liability for breach of contract. The company can require employees to compensate for corresponding losses based on the confidentiality contract, or require commercial arbitration or litigation. If someone commits an act that infringes on trade secrets as stipulated by law and causes serious damage to the company, the company can file a lawsuit with the people's court with jurisdiction and request the employee to bear civil responsibilities such as stopping the infringement, eliminating the impact, and compensating for losses.

2. Criminal law relief. If the infringement of corporate trade secrets is serious and causes serious losses to the company, the company can file a criminal private prosecution with the People's Court or the public security organ. Complain and request to open a case for investigation. The infringer shall be held criminally liable, and an accompanying civil lawsuit may be filed to require the infringer to compensate for corresponding losses.

3. Administrative law remedies

If the company believes that its trade secrets have been infringed, it may file a lawsuit with the industrial and commercial authorities Administrative agencies apply to investigate and deal with infringements. The company may also submit a request for mediation to the industrial and commercial administration authorities due to damage compensation issues, or it may directly file a lawsuit with the People's Court to request damage compensation.

4. Labor law relief

Company employees shall be entitled to legal remedies during contract conclusion, contract performance and contract termination. Later, if the company violates the company's rules and regulations for protecting trade secrets, violates the confidentiality clause, confidentiality contract or non-competition contract in the labor contract, causing losses to the company, the company may apply for labor arbitration to the Labor Dispute Arbitration Committee in accordance with the provisions of the Labor Law. Employees who violate the above agreement are required to bear liability for damages. If you are dissatisfied with the labor arbitration award, you may file a lawsuit in the People's Court within the statutory period.

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