Infringement of trade secrets requires criminal liability

Anyone who commits an act of infringing on a trade secret must bear corresponding legal liability. When it causes an economic loss of more than 500,000 yuan to the right holder, in addition to statutory exemptions, he must bear criminal liability. Anyone who causes heavy losses to the right holder of a trade secret shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also 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. Regarding the issue of criminal liability for infringement of trade secrets, the editor of Legal Savior Network will answer it in detail for you below.

1. Infringement of trade secrets requires criminal liability

1. Implementation Those who infringe on trade secrets should bear corresponding legal liability. When the right holder causes economic losses of more than 500,000 yuan, in addition to statutory exemptions, he must bear criminal liability.

2. Legal basis: "Criminal Law of the People's Republic of China"

210 Article 9 stipulates that anyone who commits any of the following acts of infringing on trade secrets, causing 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; if it causes particularly serious consequences, he shall be sentenced to not less than three years in prison. A prison term of not more than seven years and a fine:

(1) Obtaining the right holder’s trade secrets through theft, inducement, coercion or other unfair means;

(2) Disclosing, using or allowing others to use the right holder’s trade secrets obtained by the means mentioned in the preceding 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.

2. Components of the crime of trade secrets

1. Objectively committed an infringement of trade secrets and caused heavy losses to the rights holder;

2. The object is trade secret rights and the normal and orderly market economic order protected by the state;

3. The subjective aspect can only be intentional, that is, the perpetrator consciously infringes on business secrets through various means;

4. The subject is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to bear responsibility can commit this crime.

According to the "Criminal Law of the People's Republic of China", whoever causes significant losses to the right holder of a trade secret shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined concurrently or solely. fine; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.