How to determine the crime of infringement of trade secrets
1. Object
The objects infringed by this crime are trade secret rights (the legitimate rights and interests of the trade secret obligee in the trade secret) and the The normal and orderly market economic order protected by the state.
2. Objective aspects
Objectively committed an infringement of trade secrets and caused heavy losses to the right holder .
(1) First, the object of the action is a trade secret. Trade secrets are business information.
(2) Commitment of infringement of trade secrets.
(3) caused heavy losses to the right holder.
Major losses here refer to major economic losses, including reduced profits, increased losses, bankruptcy, and competition. Being in a disadvantageous position, etc. According to judicial practice, if the direct economic loss caused to the trade secret right holder is more than 500,000 yuan, causing the right holder to go bankrupt or causing other serious consequences, prosecution shall be pursued.
3. Main bodyThe subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to take responsibility can commit this crime, and units can also Constituting the main body of this crime.
4. Subjective aspect span>
The subjective aspect of this crime can only be intentional, that is, the perpetrator Consciously infringe trade secrets through various means. Negligence does not constitute this crime. As for the motivation of the perpetrator to commit the crime, it does not affect the establishment of this crime, but is only a circumstance that can be considered when sentencing.
What are the criteria for determining the crime of infringement of trade secrets
There are two difficulties in determining the crime of infringement of trade secrets: first, the definition of trade secrets; second, infringement of commercial secrets Determination of clandestine conduct. Specifically:
1. Trade secrets need to have the following Conditions:
(1) Trade secret is a technology Information and business information. Technical information and business information may be carried by words, images, or physical objects, and may also exist in people's brains or operating methods.
(2) Trade secrets are not known to the public Matters must be known only to people within a certain range.
(3) Trade secrets can bring benefits to the right holder economic benefit. The right holder refers to the owner of the trade secret and the user of the trade secret with the permission of the owner of the trade secret. Economic interests are limited to positive economic interests, which can enable the right holder to increase his or her property or property interests.
(4) Trade secrets have practicality, that is, they have Direct and realistic use value, the right holder can directly apply the trade secret to production and business activities.
(5) The trade secret has been kept confidential by the obligee measure.
(6) The right to use trade secrets can be transferred and has no fixed protection period.
2. Infringement of trade secrets manifests itself in the following situations:(1) Obtaining rights holders through theft, inducement, coercion or other unfair means trade secrets.
(2) Disclosure, use or Allow others to use the right holder’s trade secrets obtained through the first method above.
(3) Violate the agreement or the obligee's requirement to keep business secrets, disclose, use or allow others to use the business secrets in his possession.
(4) Knowing or should have known about the first to third illegal acts mentioned above, obtaining, using or disclosing them to others Trade secrets.
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