How to determine the crime of infringement of trade secrets
For commercial infringement The determination of secret criminal acts objectively causes heavy losses to the rights holders.
And such a crime There are also some specific characteristics of behavior. First of all, the object of the behavior must meet the conditions of commercial secrets. There are also specific regulations on whether it is a commercial secret:
The first is that the information must be technical information or business information, that is, It can be a specific object that exists in the form of words or images as a carrier, or it can also be a physical object as a carrier. It can also be information that exists in the human brain or some kind of operating technology.
The second is, Since it is a secret, it is unknown information and is only known to a certain range of people.
The third point is that relevant business information can bring benefits to people, specifically economic benefits. , and what is required is positive economic benefits, that is, the ability to increase the property of the right holder or related benefits.
The fourth is that the information is practical and has value that can be directly used, that is, it can be directly applied to production or business activities. .
The fifth point is that the trade secret has undergone confidentiality measures by the right holder, and it is also transferable, has no fixed period, and has extensive content, etc. Features.
For violations To determine the crime of trade secrets, the infringement of trade secrets must be objectively carried out, which can also be attributed to some specific manifestations:
The first point is the act of obtaining business secrets through improper methods such as theft and inducement;
Second point, disclosure or use of improper means Obtained trade secrets for profit;
The third point is that it violates the agreement with the right holder and fails to keep the business secrets confidential and disclose them Or use trade secrets, or let others use the trade secrets in their possession.
The fourth point is to obtain, use or disclose other people's business secrets even though they know it is illegal; there are also indirect behaviors, that is, third parties knowingly It will be illegal to pass on the trade secrets in their possession to others, and they still have to obtain, disclose, and use other people's trade secrets.
The condition that must be met objectively is that the use of information obtained by infringement of trade secrets causes huge losses to the interests of the right holder. , the legal provisions for huge losses are economic losses to the right holder
The most common conditions for infringement of trade secrets are the following three aspects:
The first is that the object of the infringement must be a trade secret.
The second is that people get your secrets through improper channels, not Through formal channels.
The third is that the other party’s behavior of stealing your trade secrets has caused heavy losses to your property and other interests. Only these three objective The crime of infringement of trade secrets can only be determined if all the conditions are met at the same time.
Infringement of trade secrets is a consequential crime, which means that it requires evidence and causes actual economic losses. But regarding causing significant losses to the person with rights to trade secrets, that is, the parties concerned There is no particularly clear explanation of the severity.
Everyone will understand after reading the content of this article. This is also a relatively important legal knowledge at present. If you have other questions, please feel free to consult a professional lawyer on the Legal Savior Network.
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