1. What are the main types of infringement of trade secrets
1 , Infringement of trade secrets:
(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 right holder’s business secrets obtained by means of the previous paragraph;(3) Violates the agreement or violates the obligee’s requirement to keep business secrets, Disclose, use or allow others to use trade secrets in their possession.
2. Legal basis: "Criminal Law of the People's Republic of China"
210 Article 9 [Crime of Infringement of Trade Secrets] Whoever commits one of the following acts of infringing on trade secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and concurrently or solely with a fine; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, Also subject to fines:
(1) Obtaining the right holder's business secrets through theft, bribery, fraud, coercion, electronic intrusion or other improper means;
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(2) Disclosing, using or allowing others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violating the obligation of confidentiality or violating the rights holder's requirements for keeping business secrets, disclosing, using or allowing others to use the business secrets in his possession.
Whoever knowingly obtains, discloses, uses or allows others to use the trade secrets listed in the preceding paragraph shall be deemed to have infringed the trade secret theory.
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. Crimes of infringement of trade secrets, crimes of counterfeiting registered trademarks, and counterfeiting patents What is the difference between the crime of trademark infringement and the crime of copyright infringement
The crime of infringement of trade secrets is similar to the crime of counterfeiting registered trademarks, the crime of counterfeiting patents and the crime of copyright infringement Intellectual property rights are infringed everywhere, and the main differences are:
1. The crime of infringement of trade secrets infringes on trade secrets; while other crimes infringe on trademark rights, Patents and Copyrights.
2. The crime of infringing on trade secrets is mainly manifested in obtaining trade secrets by illegal means, or illegally disclosing, using or allowing others to use trade secrets; while other crimes mainly involve Shows counterfeit behavior.
3. For those who obtain other people’s trade secrets through theft, inducement, coercion or other improper means, and then use the trade secrets to manufacture products and counterfeit other people’s registered trademarks, In principle, it should be punished with several crimes. Those who simply illegally use other people’s trade secrets to manufacture products and counterfeit other people’s registered trademarks should be deemed to have committed several crimes in one act and be punished as a felony.
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