How to calculate losses in the crime of infringement of trade secrets
Calculation of losses in the crime of infringement of trade secrets There are roughly the following types:
(1) With trade secrets The losses suffered by the rights holder due to infringement shall be the basis for conviction and sentencing.
Once the trade secret is leaked, the rights holder will suffer losses Often irreparable. In criminal trials, it is generally believed that this kind of loss should refer to actual losses, and actual losses include both direct losses and the actual benefits that the right holder will inevitably lose. Moreover, the losses caused to the right holder by infringement of trade secrets cannot only be based on the amount. On the basis of focusing on direct factors such as research and development costs, utilization cycle, maturity, market prospects, etc., various related factors, such as competitive advantages, should be comprehensively considered. Loss of status, decline in business reputation, etc.
(2) The profits gained by the infringer from the infringement shall be regarded as losses.
ThisThe calculation of this kind of loss is based on the premise that the infringer has not disclosed it to others. If a trade secret is sold to others, the amount of loss shall be the sale income plus the buyer's profit after use; if the trade secret is used for production and business activities, the loss shall be the profit gained. When calculating the profits obtained by the infringer, the profit cannot be simply based on sales volume, nor can it be calculated by multiplying the total price of the products produced by the average profit rate. Under normal circumstances, it is more appropriate to calculate the profit amount by multiplying the sales volume by the average profit rate.
(3) With no less than commercial secret use license Reasonable royalties as damages.
This is a fee for normal licensed use The method used to calculate the amount of constructive loss does not mean that the infringer has obtained the legal right to use the trade secret. At the same time, it is worth mentioning that this does not simply equate the value of trade secrets with losses. Trade secrets are intangible property, which are significantly different from tangible property. When an infringer uses a trade secret, it does not exclude the legitimate rights holder from using it. Moreover, in most cases, after the infringer commits illegal acts such as theft to obtain trade secrets, he is discovered and stopped soon after, and the loss caused to the victim is far less than the value of the trade secret itself.
The editor of Legal Savior Network compiled this article for you Article, hope it can help you. The loss of the crime of infringement of trade secrets is related to the conviction and sentencing of the criminal parties, so the calculation of losses of trade secrets is very important.
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