Is the crime of infringement of trade secrets a private prosecution case?

Not necessarily, it depends on the circumstances of the case. In cases of criminal infringement of Trade secrets, either public prosecution or private prosecution can be instituted. For criminal cases of commercial secret infringement that seriously endanger social order and national interests, only public prosecutions can be initiated. Regarding the question of whether the crime of infringement of trade secrets is a private prosecution case, the editor of Legal Savior Network will give you a detailed answer below.

1. Is the crime of infringement of trade secrets a private prosecution case?

1. No Of course, it depends on the circumstances of the case. In cases of criminal infringement of trade secrets, either public prosecution or private prosecution can be instituted. For criminal cases of commercial secret infringement that seriously endanger social order and national interests, only public prosecutions can be initiated. For cases of criminal infringement of trade secrets with insufficient evidence, regardless of whether the circumstances are minor, public prosecutions or private prosecutions can be initiated. In cases where the victim has evidence proving that the defendant's infringement of his or her trade secrets should be investigated for criminal liability in accordance with the law, but the public security organ or the People's Procuratorate does not pursue the defendant's criminal responsibility, the victim may file a private prosecution.

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

211 Article 19 [Crime of Infringement of Trade Secrets] Whoever commits one of the following acts of infringing on trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years , and shall 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 preceding paragraph;

(3) Violating confidentiality obligations or violating rights holders’ requirements for keeping trade secrets, disclosing, using or allowing others to use trade secrets in their possession.

Knowing the acts listed in the preceding paragraph, obtaining, disclosing, using or allowing others to useAnyone who uses the trade secret shall be deemed to have infringed the trade secret.

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 determine the crime of infringement of trade secrets

1. Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means; disclosing, using or allowing others to use the means obtained in the preceding paragraph The right holder's trade secrets; violating the agreement or the right holder's requirement to keep trade secrets by disclosing, using or allowing others to use the trade secrets in his possession.

2. Anyone who knowingly or should have known about the acts listed in the preceding paragraph and obtaining, using or disclosing 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 obligee, is practical and has been kept secret by the obligee. technical information and business information. 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.

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