What are the laws protecting trade secrets?

The so-called protection of trade secrets means that you are not allowed to leak or allow others to master the trade secrets of your company. This is an issue that companies are very concerned about and worried about. Therefore, the state has also introduced relevant laws and regulations in this regard to protect the trade secrets of companies. Below, the editor of Legal Savior Network will introduce to you the laws and regulations of the Trade Secret Protection Act. Please follow the editor of Legal Savior Network to learn more below.

What are the laws for the protection of trade secrets

Article 219 of the Criminal Law of the People's Republic of China

[Crime of infringement of trade secrets] Whoever commits any of the following acts of infringing on trade secrets, causing heavy losses to the right holder of the trade secret, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be sentenced to: A fine; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:

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

(2) Disclosing, using or allowing others to use the right holder’s trade secrets obtained by means of the previous paragraph;

(3) Violating the agreement or violating the obligee's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession.

Knowing or should have known about the acts listed in the preceding paragraph , obtaining, using or disclosing the trade secrets of others shall be regarded as infringement of trade secrets.

Trade secrets as mentioned in this article 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 have been kept confidential by the right holder.

The right holder mentioned in this article refers to the owner of the trade secret persons and users of trade secrets with the permission of the owner of the trade secret.

Article 9 of the Anti-Unfair Competition Law of the People's Republic of China

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;