How to punish the crime of infringement of trade secrets

The punishment for the crime of infringement of trade secrets is: whoever commits one of the statutory infringement acts of trade secrets and causes heavy losses to the right holder of the trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; causing particularly serious consequences , shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. Regarding the question of how to punish the crime of infringement of trade secrets, the editor of Legal Savior Network will answer it in detail for you below.

1. How to punish the crime of infringement of trade secrets

1. Infringement of commercial secrets by natural persons Whoever commits the crime secretly shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined. Those who cause particularly serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

2. If an entity infringes on commercial secrets, the person in charge and other directly responsible personnel shall be fined in accordance with the above provisions.

3. Legal basis:

According to Article 211 of the Criminal Law of the People's Republic of China Article 19 Provisions

[Crime of infringement of trade secrets] Whoever commits one of the following acts of infringement of trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also be sentenced to or A fine alone shall be imposed; if the circumstances are particularly serious, the sentence shall be a fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined:

(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion 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) Violate confidentiality obligations or violate rights holders’ requirements to keep business secrets, disclose, use or allow others to use their rights Possessing trade secrets.

Knowing the acts listed in the preceding paragraph, obtaining, disclosingAny person who discloses, uses or allows others to use the trade secret shall be deemed to have infringed the trade secret theory.

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.

2. How to identify Crime of infringement of trade secrets

1. Objective elements;

implemented objectively Infringement of trade secrets and caused heavy losses to the right holder.

(1) First, the object of the action is a trade secret.

(2) committed an infringement of trade secrets.

(3) Caused heavy losses to the right holder.

2. Object requirements;

The object infringed by this crime is the right to trade secrets (commercial The legitimate rights and interests of the secret right holder in the trade secret) and the normal and orderly market economic order protected by the state.

3. Subjective elements;

The subjective aspect of this crime can only be intentional, that is The perpetrator consciously infringes on 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 the crime, but is only a factor that can be considered when sentencing.

4. Subject requirements;

The 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 constitute this crime. According to the provisions of Article 220 of the Criminal Law, units can also constitute the subject of this crime. If a unit commits this crime, the person in charge and other persons directly responsible for it shall be prosecuted in accordance with the provisions of this article.be held criminally responsible.

The penalty for the crime of infringement of trade secrets is: committing one of the statutory infringements of trade secrets, giving If the owner of a trade secret causes significant 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. I hope the above content can be helpful to you. If you have other questions, you can click the button below Consult, or go to the Legal Savior website to consult a professional lawyer.