What are the legal provisions for the crime of infringement of trade secrets
"Criminal Law of the People's Republic of China" "Article 219 stipulates that whoever commits any of the following acts of infringement of 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 fined; causing particularly serious consequences. 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 rights holders through theft, inducement, coercion or other unfair means business secrets;
(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding 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.
If a third party knowingly or should have known about the illegal acts listed in the preceding paragraph acquires, uses or discloses the business secrets of others, it shall be deemed as infringement of business secrets.
"Specific Application of the Supreme People's Court and the Supreme People's Procuratorate in Handling Criminal Cases of Intellectual Property Infringement" Interpretation of Several Legal Issues"
Article 7 Implementation of one of the acts specified in Article 219 of the Criminal Law causes the amount of losses to the right holder of the trade secret If the amount exceeds 500,000 yuan, it is deemed to have "caused significant losses to the right holder of the trade secret" and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention for the crime of infringement of trade secrets, and shall also or solely be fined.
If the amount of losses caused to the right holder of the trade secret exceeds 2.5 million yuan, it falls under the category of "causing special damages" stipulated in Article 219 of the Criminal Law. Serious consequences" shall be sentenced to a term of imprisonment of not less than three years but not more than seven years for the crime of infringement of trade secrets.Penalty and fine.
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