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 219 includes the following infringements of business secrets 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) Breach of confidentiality Obligation or violation of the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in its 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. How to determine the crime of infringement of trade secrets
1. Objective elements
Objectively committed an infringement of trade secrets and gave The rights holder has suffered heavy losses.
(1) First, the object of the action is a trade secret.
(2) Commitment of infringement of trade secrets.
According to the first paragraph of Article 9 of the Anti-Unfair Competition Law, operators shall not commit the following acts of infringement of trade secrets:
(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;
(2) Disclose, use or allow others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violate confidentiality obligations or violate The obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession;
(4) Instigating, inducing, or helping others to violate Obtaining, disclosing, using or allowing others to use the business secrets of the right holder in violation of confidentiality obligations or violating the rights holder’s requirements for keeping trade secrets.
Any natural person, legal person or unincorporated organization other than an operator who commits the illegal acts listed in the preceding paragraph shall be deemed to have infringed upon business 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 requirementsThe 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.
The above is the relevant knowledge that the editor has brought to you about the identification and punishment of the crime of infringement of trade secrets. I hope it will be of some help to you. 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.
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