1. What are the identification and punishment of the crime of infringement of trade secrets
1. The identification and punishment of the crime of infringement of trade secrets is: the perpetrator discloses, uses or allows others to use the right holder’s trade secrets obtained by means of the previous paragraph. If the circumstances are serious, this crime will be constituted and shall generally be sentenced to three years. The following are fixed-term imprisonment of not less than three years but not more than ten years, and concurrently or solely a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and concurrently fined.
2. Legal basis: "Criminal Law"
Article 219The following infringements of business One of the secret acts, if the circumstances are serious, he 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 and not more than ten 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 right holder’s business secrets obtained by means of the previous paragraph;
(3) Violation Confidentiality obligations or violation of the obligee's requirements for keeping trade secrets, 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 right holder mentioned in this article refers to the business secretThe owner of the 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. Objective elements
The act of infringement of trade secrets has been objectively committed and the right to People caused heavy losses.
(1) First, the object of the action is a trade secret.
(2) Commitment of infringement of trade secrets.
(3) Caused heavy losses to the right holder.
2. Object Requirements
The object infringed by this crime is the right to trade secrets (trade secrets) The legitimate rights and interests of the right holder in trade secrets) and the normal and orderly market economic order protected by the state.
3. Subjective elements
The subjective aspect of this crime can only be intentional, that is, behavior People consciously infringe on trade secrets through various means. Negligence does not constitute this crime. As for the motivation of the perpetrator to commit the crime, it does not affect the establishment of the crime, but is only a factor that can be considered when sentencing.
4. Subject requirements
The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to take responsibility can constitute this crime. According to the provisions of Article 220 of the Criminal Law, units can also constitute the subject of this crime. If a unit commits this crime, the person directly in charge and other directly responsible personnel shall be held criminally responsible in accordance with the provisions of this article.
With the development of the economy and the rapid development of business, there are more and more cases of infringement of trade secrets. Although the competition among businesses is fierce, it is better to compete fairly with the belief of integrity. 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 website to consult a professional lawyer.
No comments yet. Say something...