What are the legal provisions for the protection of trade secrets
《 Anti-Unfair Competition Law of the People's Republic of China"
Art. Article 9 Operators shall not commit the following acts of infringement of trade secrets:
(1) Obtain 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) Violating confidentiality obligations or violating rights holders’ requirements to keep business secrets, disclosing or using Or allow others to use the trade secrets in their possession;
(4) Instigating, inducing, or helping others to violate confidentiality obligations Or violate the obligee's requirements for keeping trade secrets, obtain, disclose, use or allow others to use the obligee's trade secrets.
Other natural persons, legal persons and non-operators other than operators Any legal person organization that commits the illegal acts listed in the preceding paragraph shall be deemed to have infringed upon business secrets.
The third party knows or should know the trade secret rights If a person's employees, former employees or other units or individuals commit the illegal acts listed in paragraph 1 of this article and still obtain, disclose, use or allow others to use the trade secret, the trade secret shall be deemed to have been infringed.
Trade secrets referred to in this Law refer to Technical information, business information and other commercial information that is not known to the public, has commercial value and the rights holder has taken corresponding confidentiality measures.
"Criminal Law of the People's Republic of China" Article 219 Whoever commits any of the following acts of infringement of trade secrets, causing heavy losses to the right holder of the trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined concurrently or separately. 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) Disclose, use or allow others to use the information obtained by the previous paragraph The right holder’s trade secret;
(3) Violate the agreement or the right holder's requirement to keep trade secrets, disclose, use or allow others to use the trade secrets in his possession.
Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets.
Trade secrets as mentioned in this article refer to information that is not known to the public and can Technical information and business information that brings economic benefits to the right holder, is practical and has been kept confidential by the right holder.
The right 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."Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the filing and prosecution standards of criminal cases under the jurisdiction of public security organs (2)》Article 73
The following provisions are made for the filing and prosecution standards for cases of infringement of trade secrets: (1) causing losses of more than 500,000 yuan to the owner of the trade secret; (2) illegal gains from infringement of trade secrets The amount is more than 500,000 yuan; (3) causing the trade secret obligee to go bankrupt; (4) other circumstances causing significant losses to the trade secret obligee.
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