How to bear responsibility for infringement of trade secrets

It is common for trade secrets to be stolen by others due to low confidentiality methods. So what are our laws for those who infringe on trade secrets? What liability should one bear for infringement of trade secrets? The editor of Legal Savior Network will analyze it for you in the following article.

How to bear responsibility for infringement of trade secrets

Liability for infringement of trade secrets:

Civil liability for infringement of trade secrets is a special application of general civil tort liability. Chinese law Ten main types of civil liability are stipulated, and six main types of liability can be applied to information infringement liability:

(1) Elimination of risk: refers to the people's court ordering the defendant to bear the risk of eliminating the impending disclosure, use or expanded disclosure or use of the trade secret.

(2) Return of property: refers to a court order The defendant returns tangible items or related rights embodying trade secrets.

(3) Elimination of obstruction: refers to the people's court ordering the defendant to destroy or remove tangible items that infringe on other people's trade secrets.

(4) Apologize and eliminate the impact: If the infringement of trade secrets affects the reputation, credibility or reputation of the plaintiff, the defendant shall bear the responsibility to apologize and eliminate the impact. .

(5) Stop the infringement: This is a The main infringement liability refers to the liability that the court orders the defendant to bear to stop the infringement of trade secrets.

(6) Damages: This is to the plaintiff The main remedy is that if the defendant’s infringement of trade secrets causes damage to the plaintiff, he shall be liable for damages.

The national industrial and commercial administration authorities shall deal with infringement of trade secrets Behaviors can be investigated and punished, and if infringement is confirmed, administrative penalties can be imposed, including (1) ordering to stop the infringement, (2) imposing fines depending on the situation, and (3) disposing of infringing items. If the infringer refuses to implement the penalty decision and continues to carry out the infringement, it will be regarded as a new illegal act and shall be severely punished.

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