How to defend the crime of infringement of trade secrets
The crime of infringement of trade secrets should be based on the criminal facts and the severity of the trade secret. , the economic losses caused by the crime, and the attitude of the parties to admit their mistakes, etc., the crime of infringement of trade secrets refers to theft, inducement, coercion or other unfair means. Obtaining the trade secrets of the right holder, or illegally disclosing, using or allowing others to use the trade secrets they possess or obtain, causing heavy losses to the right holder of the trade secret.
The objects of the crime of infringement of trade secrets include the state The management system for trade secrets also includes the legal rights enjoyed by the right holders of trade secrets. The criminal subject is a general subject, including both natural persons and units.
Infringement of trade secrets manifests itself in the following situations
First, obtaining the right holder’s trade secrets through theft, inducement, coercion or other unfair means. Theft generally refers to obtaining trade secrets by stealing the carrier of trade secrets; inducement refers to usingMoney, items or other interests are used as bait to make people who know the contents of trade secrets provide trade secrets; coercion refers to intimidating and threatening people who know the contents of trade secrets to force others to provide trade secrets. Other unfair means refer to other unfair means other than theft, inducement, and coercion, such as snatching drawings containing trade secrets.
Second, disclose, use or allow others to use The right holder’s trade secrets obtained through the first method above. This is a continuation of the first behavior above. Disclosure refers to informing the right holder's competitors or others of the trade secrets obtained illegally, or making the contents of the trade secrets public to the public; use refers to using the trade secrets obtained illegally for production or business operations; allowing others to use them. , refers to allowing others to use the trade secrets they have obtained for production or business, including paid and unpaid situations.
Third, breach of agreement or violation of rights holder-related matters Requirements to keep trade secrets, disclose, use or allow others to use trade secrets in their possession. This refers to the act of disclosing, using or allowing others to use trade secrets by those who are legally aware of the contents of trade secrets, including staff within the company or enterprise, transferred personnel, retired personnel who have worked in the company or enterprise, and persons with rights holders. Relevant personnel who have entered into an agreement to keep trade secrets.
Fourth, knowing or should have known that the aforementioned first up to the third illegal act, and obtain, use or disclose other people’s business secrets. This is an act of indirect infringement of trade secrets, that is, a third party obtains, uses or discloses the trade secrets of others despite knowing or should have known that the person imparting the trade secrets to it has committed the above-mentioned illegal acts.
Loss caused to the company by the crime of infringement of trade secrets It is very huge, especially when the policy direction or decision-making business secrets of private enterprises are infringed, it can have an extremely adverse impact on the company's production and operation. In relevant cases, lawsuits can be filed with judicial authorities. solve, ask the other partyProvide compensation and accountability.
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