What are the administrative liabilities for infringement of trade secrets?

The administrative liability for infringement of Trade secrets is to be ordered by the supervision and inspection department to stop the illegal behavior, and fines may be imposed depending on the circumstances. Regarding the question of what administrative liability includes for infringement of trade secrets, the editor of Legal Savior Network will answer it in detail for you below.

1. What are the administrative liabilities for infringement of trade secrets?

1. Infringement The administrative liability for trade secrets is to be ordered by the supervision and inspection department to stop illegal activities, and fines can be imposed according to the circumstances.

Infringement of trade secrets refers to obtaining the trade secrets of interested parties through improper means such as theft, inducement, and coercion; disclosing, using, or allowing others to obtain them through theft or other means The right holder’s trade secrets; violations of the agreement or the right holder’s requirements for keeping trade secrets, disclosing or using other people’s trade secrets, etc.

2. Legal basis: "Anti-Unfair Competition Law of the People's Republic of China"

Article 17, paragraph 3, if an operator maliciously commits an act of infringing on trade secrets, and the circumstances are serious, The amount of compensation may be determined not less than one time but not more than 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.

Article 21: Business operators and other natural persons, legal persons and unincorporated organizations that violate the provisions of Article 9 of this Law and infringe trade secrets, The supervision and inspection department shall order the cessation of illegal activities, confiscate illegal gains, and impose a fine of not less than 100,000 yuan but not more than 1 million yuan; if the circumstances are serious, a fine of not less than 500,000 yuan but not more than 5 million yuan may be imposed.

2. What is the civil liability for infringement of trade secrets

1. Liability for breach of contract: Liability shall be borne according to the confidentiality contract signed by both parties. If the party that infringes a trade secret, that is, the defaulter, commits an act of infringing a trade secret but does not cause losses to the right holder, he still needs to pay the liquidated damages stipulated in the contract.

2. Infringement liability: If the infringement of trade secrets causes damage to the right holder, the actual loss suffered by the right holder shall be compensated. If the actual loss of the right holder is difficult to calculate If the infringement occurs, the amount of compensation shall be the profits gained by the infringer during the infringement period.

In addition, the Anti-Unfair Competition Law also stipulates that the infringer shall also bear the reasonable expenses paid by the right holder for investigating unfair behaviors that infringe upon its legitimate rights and interests.

3. Other liability methods in the Civil Code may also be applied depending on the circumstances of the case. Such as stopping the infringement, making an apology, eliminating the impact, etc. However, the right holder of infringement and breach of contract can only choose one, and cannot claim both at the same time.

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