Several acts of infringement of trade secrets

For infringement of trade secrets, there are mainly the following types of liability: Those who infringe trade secrets and cause damage to others shall bear civil liability in accordance with the law; if there is an infringement of trade secrets, and the circumstances are serious, it constitutes the crime of infringement of trade secrets and shall bear criminal liability. Regarding the questions about several behaviors that infringe on trade secrets, the editor of Legal Savior Network will give you detailed answers below.

1. Several acts of infringement of trade secrets

1. Infringement of trade secrets The main types of liability for trade secret violations are as follows: Those who infringe trade secrets and cause damage to others shall bear civil liability in accordance with the law; if there is an infringement of trade secrets and the circumstances are serious, it constitutes the crime of trade secret infringement and shall bear criminal responsibility.

2. Legal basis: Article 219 of the "Criminal Law of the People's Republic of China". Anyone who commits one of the following acts of infringement of commercial secrets, if the circumstances are serious, shall be punished. A fixed-term imprisonment of not less than three years and a fine or a fine alone; if the circumstances are particularly serious, a fixed-term imprisonment of not less than three years but not more than ten years and a fine:

( 1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;

(2) Disclosure, use or Allowing others to use the obligee’s business secrets obtained by means of the previous paragraph;

(3) Violating confidentiality obligations or violating the obligee’s requirements for keeping business secrets, disclosing , use or allow others to use the trade secrets in their possession.

2. What behaviors are not considered as infringement of trade secrets

The following behaviors are not considered as infringement of trade secrets:

(1) Use or allow others to use the trade secrets obtained through independent development. This is because the trade secrets involved in infringement of trade secrets originate from illegal channels.

(2)GoodwillUse by third parties. For example, if a third party does not know that the information he uses is a trade secret of others, it is not an infringement of trade secrets.

(3) Obtain relevant information through the information owner leaking the information himself or through reverse engineering. We know that one of the conditions for information to become a trade secret is that reasonable confidentiality measures are taken. If the information is leaked due to the owner's own negligence, the information is no longer a trade secret, that is, it enters the public domain and can be freely used by the public.

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 Network to consult a professional lawyer.