Criminal infringement of trade secrets

The infringer has subjective malice; the infringement is not illegal and intrusive; the trade secret has value, confidentiality, competitiveness, etc.; other legal characteristics of the crime of trade secret infringement. Regarding the question of criminal infringement of Trade secrets, the editor of Legal Savior Network will answer it in detail for you below.

1. What are the criminal acts of infringement of trade secrets

1. The infringer has subjective malice; the infringement is not illegal and intrusive; the trade secret has value, confidentiality, competitiveness, etc.; infringement Other legal characteristics of trade secret crimes.

2. Legal basis: Article 9 of the "Anti-Unfair Competition Law": Operators shall not commit the following acts of infringement of trade secrets:

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

p>

(2) Disclose, use or allow 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 for keeping trade secrets, disclosing, using or allowing others to use trade secrets in their possession;

(4) Instigate, induce, or help others to violate confidentiality obligations or violate rights holders’ requirements to keep business secrets, obtain, disclose, use or allow others to Use the trade secrets of the right holder. The term “trade secrets” as mentioned in this Law refers to commercial information such as technical information and business information that is not known to the public, has commercial value, and for which the obligee has taken corresponding confidentiality measures.

2. What is the standard of compensation for the crime of infringement of trade secrets

The amount of compensation for an operator who is harmed due to unfair competition shall be determined based on the actual losses suffered by the operator due to the infringement; if the actual losses are difficult to calculate, the amount of compensation shall be determined based on the benefits gained by the infringer due to the infringement. Operators maliciously infringe trade secrets If the circumstances are serious, the amount of compensation may be determined to be not less than one time but not more than five times the amount determined according to the above method.

The amount of compensation may also be It should include the reasonable expenses paid by the operator to stop the infringement. If it is difficult to determine the actual losses suffered by the right holder due to the infringement and the benefits obtained by the infringer due to the infringement, the people's court shall decide to award the right holder five days based on the circumstances of the infringement. Compensation of less than one million yuan.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 Network to consult a professional Lawyer.