Can infringement of trade secrets be punished by public security?

Infringement of Trade secrets cannot be punished by public security. Infringement of trade secrets violates the criminal law and should be punished in accordance with the relevant provisions of the criminal law. Whoever commits this crime 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 and not more than 10 years and shall also be fined. Regarding the question of whether infringement of trade secrets can be punished by public security, the editor of Legal Savior Network will answer it in detail for you below.

1. Can infringement of trade secrets be punished by public security?

1. Infringement of trade secrets cannot be punished by public security. Infringement of trade secrets violates the criminal law and should be punished in accordance with the relevant provisions of the criminal law.

2. Legal basis: According to Article 219 of the "Criminal Law of the People's Republic of China", whoever commits any of the following acts of infringement of trade secrets and causes heavy losses to the owner of the trade secret shall be sentenced to three years in prison The following fixed-term imprisonment or criminal detention, and concurrently or solely with a fine;

Those who cause particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and concurrently with a fine:

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

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

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(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession.

2. What constitutes infringement of trade secrets

1. Infringement of trade secrets The constitution of the behavior: subjective intention to infringe on trade secrets. Objectively, infringement has been committed, and the infringement has caused actual losses, etc.

2. Determination method:

(1) An employee who possesses the company’s business secrets violates the non-competition agreement or confidentiality agreement and provides the company’s business secrets to others;

(2) The behavior of a person who does not master the enterprise’s trade secrets obtains trade secrets through illegal means such as theft, bribery, fraud, inducement, etc.;

(3) Other identification methods.

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