1. What are the legal responsibilities for infringement of trade secrets
1 , Infringement of trade secrets will result in civil liability and criminal liability.
2. Legal basis: Article 219 of the "Criminal Law of the People's Republic of China" stipulates that any person who commits one of the following infringements of trade secrets shall be If the right holder causes heavy losses, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; 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: for theft, inducement, coercion or Obtaining the right holder's business secrets by other improper means; disclosing, using or allowing others to use the right holder's business secrets obtained by the means mentioned in the preceding paragraph; violating the agreement or violating the right holder's requirements for keeping business secrets, disclosing, using or allowing others to do so; Use the trade secrets in their possession. Anyone who knowingly or should have known about the acts listed in the preceding paragraph and obtains, uses or discloses the trade secrets of others shall be guilty of infringement of trade secrets. The term “trade secrets” as mentioned in this article refers to technical information and business information that is not known to the public, can bring economic benefits to the right holder, is practical, and has been kept secret by the right holder. 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. What constitutes infringement of trade secrets
Obtaining rights holders through theft, inducement, coercion or other unfair means Trade secrets; disclosing, using or allowing others to use the right holder’s trade secrets obtained by means of the preceding paragraph; units and individuals that have business relations with the right holder violate the contract or violate the right holder’s requirement to keep business secrets, disclose, use or allow others to do so; Using the rights holder’s business secrets in their possession; employees of the rights holder violate the contract or the rights holder’s requirement to keep business secrets by disclosing, using or allowing others to use the rights holder’s business secrets. The third party knowingly or should have known about the illegal acts listed in the preceding paragraph, obtains, uses or discloses other people's information.Trade secrets shall be regarded as infringement of trade secrets. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
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