Are trade secrets protected by law
First of all, trade secrets are protected by law, and any violation of trade secret-related protection All laws and regulations are subject to corresponding sanctions.
Article 9 of China's "Anti-Unfair Competition Law" Article stipulates that business operators shall not obtain other people’s trade secrets in the following ways:
First, use theft, inducement, threats or other illegal means to infringe on other people's business secrets;
Second, disclose, use or instigate others to use previous means to obtain other people’s trade secrets;
Third, clearly knowing that the above behavior is illegal, but still stealing and using other people’s trade secrets is a Infringement of trade secrets. The trade secrets referred to here are kerosene that is disclosed to the public and the public does not know about it, but it can bring benefits to business operators and is very practical. Business operators also adopt confidentiality measures to keep trade secrets secret.measures.
"Criminal Law of the People's Republic of China" Article 219 Whoever commits any of the following acts of infringement of trade secrets and causes heavy losses to the right holder of the trade secret shall be sentenced to a prison sentence of not more than three years Fixed-term imprisonment or criminal detention, and concurrently or solely a fine; if particularly serious consequences are caused, the sentence shall be not less than three years but not more than seven years of fixed-term imprisonment, and also a fine:
(1) Obtaining the right holder’s trade secrets through theft, inducement, coercion or other unfair means;
(2) Disclose, use or allow others to use the rights obtained by means of the preceding paragraph Trade secrets of others;
(3) Violation Disclose, use or allow others to use the trade secrets in their possession in violation of the agreement or violation of the obligee's requirements for keeping trade secrets.
Knowing or should have known about the acts listed in the preceding paragraph, Obtaining, using or disclosing other people's trade secrets shall be considered as infringement of trade secrets.
Trade secrets as mentioned in this article refer to information not intended for Technical information and business information that is known to the public, can bring economic benefits to the right holder, is practical and has been kept confidential by the right holder.
The right 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.
"Supreme People's Procuratorate and Ministry of Public Security Regarding Public Security Agencies Article 73 of the Regulations Governing the Standards for Filing and Prosecution of Criminal Cases (2)
The following provisions are made for the filing and prosecution standards of cases of infringement of trade secrets: (1) The loss caused to the owner of the trade secret is more than 500,000 yuan; (2) The amount of illegal income due to the infringement of trade secrets is more than 500,000 yuan More than RMB 10,000; (3) Causing the bankruptcy of the trade secret obligee; (4) Other circumstances causing heavy losses to the trade secret obligee.
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