1. What are the civil and criminal liabilities for the crime of infringement of trade secrets
1. The civil liability for the crime of infringement of trade secrets is: to stop the infringement; to remove obstacles; to eliminate danger; to return property; to restore it to its original condition; to repair, redo, and replace; to continue performance; to compensate for losses; to pay liquidated damages; to eliminate the impact and restore reputation; Make amends and apologize. Criminal liability is to be sentenced to fixed-term imprisonment of not more than three years and concurrently or solely to a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years and concurrently to be fined.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 9 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 also 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 business secrets of the right holder obtained through the means mentioned in the preceding paragraph;
(3) ) Violates the obligation of confidentiality or violates the right holder's requirements for keeping trade secrets by disclosing, using or allowing others to use the trade secrets in his possession.
Whoever knowingly obtains, discloses, uses or allows others to use the trade secrets listed in the preceding paragraph shall be deemed to have infringed the trade secret theory.
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. Components of the crime of infringement of trade secrets
1. The act of infringing trade secrets has been objectively carried out and caused significant harm to the right holder. loss.
(1) The object of the action is a trade secret. 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.
(2) Commitment of infringement of trade secrets.
(3) Caused heavy losses to the right holder. Major losses here refer to major economic losses, including reduced profits, increased losses, bankruptcy, disadvantage in competition, etc.
2. The subject can be either a natural person or an entity. Among them, the person who commits the first and second acts is a person who has no right to know the contents of trade secrets; the person who commits the third act is a person who has legally known the contents of other people’s trade secrets; the person who commits the fourth act It can be described as the third person.
3. The subjective aspect of the crime is in principle intentional.
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