How to protect trade secret infringement
Enterprises can protect Trade secrets It is divided into two types: positive protection and negative protection. Active protection is also called prior protection, that is, establishing a corresponding protection system to nip problems in the bud. Passive protection is also called ex post protection, that is, when an infringement of trade secrets occurs and seriously affects the normal production and business activities of the enterprise, various legal weapons must be used to safeguard the legitimate rights and interests of the enterprise. According to current legal provisions, the legal remedies that an enterprise can obtain after its trade secrets are infringed upon include the following:
(一)Civil law relief
The right to claim relief in civil law is based on contract or tort, requiring the defaulter or tortfeasor to bear liability for breach of contract or tort responsibility. According to the contract, if a party violates the relevant confidentiality clauses in the contract, it will constitute a breach of contract and shall bear liability for breach of contract. According to the confidentiality contract, the enterprise can request commercial arbitration or litigation, require the other party to compensate for the corresponding losses, and safeguard the legitimate rights and interests of the enterprise. If someone commits an act of infringement of trade secrets as stipulated by law and causes serious damage to the enterprise, the enterprise can file a lawsuit with the people's court with jurisdiction and request the defendant to bear civil responsibilities such as stopping the infringement, eliminating the impact, and compensating for losses.
(2) Labor law relief
Employees violate the company's rules and regulations for protecting trade secrets after the conclusion of the contract, the performance of the contract, and the termination of the contract. If the confidentiality clause, confidentiality contract or non-competition contract in the labor contract causes losses to the enterprise, the enterprise may apply to the Labor Dispute Arbitration Committee for labor arbitration in accordance with the provisions of the Labor Law, and request that workers who violate the above agreements bear liability for damages. If you are dissatisfied with the labor arbitration award, you may file a lawsuit in the People's Court within the statutory period.
(3) Administrative law relief
Administrative law relief is mainly industrial and commercial administration As the competent authority for unfair competition, the agency handles the infringement of trade secrets. According to the "Anti-Unfair Competition Law", the "Several Provisions on Prohibiting the Infringement of Trade Secrets" and the "Administrative Agencies for Industry and Commerce" of the State Administration for Industry and Commerce "Interim Provisions on Administrative Penalties", when an enterprise believes that its trade secrets have been infringed upon, it can apply to the industrial and commercial administrative authorities to investigate and deal with the infringement. If the infringer's infringement is established, he should bear the corresponding administrative liability. Enterprises can also apply to the industrial and commercial administration for damage compensation issues. If the administrative agency makes a request for mediation, the industrial and commercial administrative agency shall conduct mediation. The enterprise may directly file a lawsuit with the People's Court and request damages.
(4) Criminal law relief
According to the provisions of Article 219 of the "Criminal Law", whoever infringes on trade secrets and causes heavy losses to the right holder shall be sentenced to fixed-term imprisonment of not more than three years and a fine or a fine alone; if the cause is particularly serious, If the consequences are serious, the person shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years and a fine. If the infringement of the enterprise's trade secrets is serious and causes serious losses to the enterprise, the enterprise may file a criminal private prosecution with the people's court or complain to the public security organs and request that the case be opened for investigation. Investigate the criminal liability of the infringer and file an accompanying civil lawsuit to require the infringer to compensate for the corresponding losses
"The People's Republic of China's Anti-Infringement Law Article 17 of the Fair Competition Law: If an operator violates the provisions of this law and causes damage to others, he shall bear civil liability in accordance with the law.
If an operator's legitimate rights and interests are harmed by unfair competition, he may file a lawsuit with the People's Court.
Being harmed by unfair competition The amount of compensation for an injured operator shall be determined based on the actual losses suffered by the operator due to the infringement; if the actual losses are difficult to calculate, the amount of compensation shall be determined based on the benefits obtained by the infringer due to the infringement. An operator who maliciously commits an act of infringing a trade secret shall notIf the injury is serious, the amount of compensation may be determined between one time and five times the amount determined according to the above method. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement.
If the operator violates the provisions of Articles 6 and 9 of this Law, the actual losses suffered by the right holder due to the infringement, the infringer If the benefits obtained due to infringement are difficult to determine, the people's court shall award the right holder a compensation of not more than five million yuan based on the circumstances of the infringement.
Article 21 of the Anti-Unfair Competition Law of the People's Republic of China: Operators and other natural persons, legal persons and unincorporated organizations Anyone who violates the provisions of Article 9 of this Law and infringes on commercial secrets shall be ordered by the supervision and inspection department to stop the illegal activities, the illegal gains shall be confiscated, and a fine of not less than 100,000 yuan but not more than 1 million yuan shall be imposed; if the circumstances are serious, the person shall be fined not less than 500,000 yuan but not more than 500 yuan. A fine of less than 10,000 yuan.
Article 219 of the "Criminal Law of the People's Republic of China": Anyone who commits one of the following acts of infringement of trade secrets shall If the right holder causes heavy losses, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined:
(1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means;
(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession.
Whoever knowingly or should have known about the acts listed in the preceding paragraph and obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets.
Trade secrets as mentioned in this article refer to information that is not known to the public, can bring economic benefits to the right holder, is practical and Technical information and business information that have been kept confidential by the rights holder.
The rights holder mentioned in this article 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.
The above knowledge is the editor's answer to the question "How to protect trade secret infringement". If you need more legal information Help, welcome to Legal Savior Network for legal consultation.
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