What are the legal protections for trade secrets in China
China's legal protection of trade secrets is reflected in the following legal provisions:
Article 9 of the "Anti-Unfair Competition Law of the People's Republic of China": Operators shall not commit the following acts of infringing on trade secrets:
(1) Using theft, bribery, Obtain the business secrets of the right holder through fraud, coercion, electronic intrusion or other improper means;
(2) Disclose, use or allow others to use the means obtained in the preceding paragraph; The right holder’s business secrets;
(3) Violating confidentiality obligations or violating the right holder’s requirements for keeping business secrets, disclosing, using or allowing others to use the rights holder’s business secrets; trade secrets;
(4) Instigate, induce, or help others to violate confidentiality obligations or violate the obligee's requirements for keeping business secrets, and obtain, disclose, use, or allow others to use the obligee's business 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.
If the trade secret is obtained, disclosed, used or allowed to be used by others despite committing illegal acts, it shall be deemed as infringement.Trade secrets.
Business secrets as mentioned in this Law refer to information that is not known to the public, has commercial value and the obligee has taken corresponding confidentiality measures technical information, business information and other business information.
Article 17 of the "Anti-Unfair Competition Law of the People's Republic of China": Operators violate the provisions of this law and cause damage to others , shall bear civil liability in accordance with the law.
If an operator's legitimate rights and interests are harmed by unfair competition, he or she may file a lawsuit in the People's Court.
The amount of compensation for operators who are harmed due to unfair competition shall be determined based on the actual losses they suffered due to the infringement; actual If the loss is difficult to calculate, it shall be determined based on the benefits obtained by the infringer due to the infringement. If an operator maliciously commits an infringement of trade secrets and the circumstances are serious, the amount of compensation may be determined to be between one time and five times the amount determined according to the above method. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement.
If the operator violates the provisions of Articles 6 and 9 of this Law, the actual losses suffered by the right holder due to the infringement, the infringer If the benefits obtained due to infringement are difficult to determine, the people's court shall award the right holder a compensation of not more than five million yuan based on the circumstances of the infringement.
Article 21 of the Anti-Unfair Competition Law of the People's Republic of China: Operators and other natural persons, legal persons and unincorporated organizations Anyone who violates the provisions of Article 9 of this Law and infringes on commercial secrets shall be ordered by the supervision and inspection department to stop the illegal activities, the illegal gains shall be confiscated, and a fine of not less than 100,000 yuan but not more than 1 million yuan shall be imposed; if the circumstances are serious, the person shall be fined not less than 500,000 yuan but not more than 500 yuan. A fine of less than 10,000 yuan.
Article 32 of the Anti-Unfair Competition Law of the People's Republic of China: In civil trial proceedings for infringement of trade secrets, commercial If the secret right holder provides preliminary evidence to prove that it has taken confidentiality measures for the claimed trade secret and reasonably shows that the trade secret has been infringed, the alleged infringer shall prove that the trade secret claimed by the right holder does not belong to the trade secrets stipulated in this law.
If the owner of a trade secret provides preliminary evidence that reasonably indicates that the trade secret has been infringed, and provides one of the following evidences, the alleged infringer shall prove that it has not infringed the trade secret:
(1) There is evidence that the alleged infringer has channels or opportunities to obtain the trade secret, and the information he uses is substantially the same as the trade secret;
(2) There is evidence that the trade secret has been disclosed, used or is at risk of being disclosed or used by the alleged infringer;
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(3) There is other evidence that the trade secret has been infringed by the alleged infringer.
Article 219 of the Criminal Law of the People's Republic of China: Whoever commits any of the following acts of infringement of trade secrets and causes 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 concurrently or solely with 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 business secrets through theft, inducement, coercion 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) Violating the agreement or violating the rights Disclose, use or allow others to use the trade secrets in their possession according to other people’s requirements for keeping trade secrets.
Knowingly or should have known Any act listed in the preceding paragraph that obtains, uses or discloses the trade secrets of others shall be considered as infringement of trade secrets.
Business as referred to in this article 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 right holder as 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.
The above knowledge is the editor's answer to the question "What are the legal protections for trade secrets in our country?" If you need more legal help, welcome to the Legal Savior Network for legal assistance Consultation.
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