How to prosecute the crime of infringement of trade secrets
According to the provisions of relevant judicial interpretations, infringement of trade secrets shall be punished to the owner of the trade secret If the amount of direct economic losses is caused, the obligee goes bankrupt or other serious consequences are caused, prosecution shall be pursued. The "Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China" stipulates that in cases of intellectual property infringement, if the victim directly files a lawsuit with the court, the court shall accept the case in accordance with the law. If the evidence is insufficient and can be accepted by the public security organs, or if it is believed that the defendant may be sentenced to a fixed-term imprisonment of three years or more, the case shall be transferred to the public security organs for investigation. It can be seen that crimes of infringement of trade secrets can be handled through private prosecution procedures or public prosecution procedures. However, in judicial practice, cases involving criminal prosecution for infringement of trade secrets are rare.
First of all, from the perspective of my country's legal provisions on the protection of trade secrets, the infringed party can pursue the liability of the infringer through three relief channels: civil, administrative and criminal. . In judicial practice, the infringed party has great autonomy when seeking remedies. After they know that they have been infringed, they can choose relief channels according to their own needs. Most of them file civil infringement lawsuits to protect their rights and interests. Even if the losses reach the standard of criminal prosecution, they rarely choose criminal channels for relief. The reason is that on the one hand, the infringed party is worried about further leakage of trade secrets during the litigation process; on the other hand, in criminal proceedings, the prosecution power of national public prosecutions is completely controlled by the judicial organs, and the infringed party has no right to restrict the production of evidence. There is no right to withdraw the lawsuit, so the infringed party is generally unwilling to seek legal protection through criminal remedies. This type of legal relationship should be within the scope of state power intervention and should be adjusted through the use of state compulsory sanctions, but it is left to the parties. This is a legislative flaw.
Secondly, due to the particularity of commercial activities, the national competent authorities are unable to grasp the occurrence of infringement of trade secrets in a timely manner. Under normal circumstances, the parties concerned report it, and the relevant departments only A case is filed for investigation, so there is a certain lag in criminal intervention.
Again, in the process of hearing the case of trade secret infringement disputes, the judicial authority may find that the infringer has committed the infringement.However, since there are no relevant laws and regulations that provide clear and specific provisions on this, the judicial authorities rarely transfer such cases to the public security organs for investigation, giving up the pursuit of criminal liability of the infringers.
The above knowledge is the answer to the question "How to prosecute the crime of infringement of trade secrets". Generally speaking, the crime of infringement of trade secrets can be pursued through private prosecution procedures or public prosecution procedures. to handle. . If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
No comments yet. Say something...