What are the circumstances of the crime of infringement of trade secrets?

The crime of infringing on trade secrets refers to obtaining the trade secrets of the right holder through theft, inducement, coercion or other improper means, or illegally disclosing, using or allowing others to use the trade secrets that it possesses or obtains, and giving the right holder of the trade secrets Behavior that causes heavy losses. So what are the circumstances of the crime of infringement of trade secrets? Next, the editor of Legal Savior Network will answer it for you.

What are the circumstances of the crime of infringement of trade secrets

The crime of infringement of trade secrets specifically includes the following three circumstances:

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

(2) Disclose the use or allow others to use the right holder’s business secrets obtained by the means mentioned in the previous paragraph; (3) Violate the agreement or violate the right holder’s relevant confidentiality Requirements for trade secrets, disclosing, using or allowing others to use trade secrets in their possession. The so-called "trade secrets" refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical and the right holder has taken confidentiality measures; the so-called "right holder" refers to the user of the trade secret ; The subject of crime is a general subject, including both natural persons and units; the subjective aspect is intentionality.

The objects violated by the crime of infringement of trade secrets include not only the state’s management system for trade secrets, but also the legal rights enjoyed by the obligees of trade secrets. The criminal subject is a general subject, including both natural persons and units. Anyone who violates the provisions of Article 10 of this Law and infringes on commercial secrets shall be ordered by the supervision and inspection department to stop the illegal act and may impose a fine of not less than RMB 10,000 but not more than RMB 200,000 depending on the circumstances.

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