1. What are the prosecution standards for the crime of infringement of trade secrets
1. Infringement Standards for filing a case for the crime of trade secrets: infringement of trade secrets, causing losses of more than 500,000 yuan to the owner of the trade secret;
2. Due to infringement of trade secrets The amount of illegal income exceeds 500,000 yuan;
3. Causing the bankruptcy of the owner of the trade secret;
4. Other situations that cause significant losses to the trade secret right holder.
5. Legal basis: Article 219 of the "Criminal Law of the People's Republic of China", any of the following acts of infringement of trade secrets shall grant the right to trade secrets If a person causes serious 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:
(1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means;
(2) ) Disclose, use or allow others to use the obligee’s business secrets obtained by means of the preceding paragraph;
(3) Violate the agreement or violate the obligee’s regulations on keeping business secrets require others to disclose, use or allow others to use the trade secrets in their possession. Anyone who knowingly or should have known about the acts listed in the preceding paragraph and obtaining, using or disclosing the trade secrets of others shall be deemed to have infringed the trade secrets.
2. What legal responsibilities will be pursued for infringement of trade secrets?
When the law provides judicial relief for infringed trade secrets, it generally cites contract law, tort law, and counterfeit law respectively. There are provisions in the Unfair Competition Law and Criminal Law to pursue legal liability for infringement of trade secrets:
(1) Infringement of trade secrets will be regarded as a breach of contract. If If a party to a contract is obliged to keep confidentiality in accordance with the contract but illegally discloses, uses or allows others to use the trade secret, the party shall be held liable for breach of contract in accordance with the provisions of the contract law.
(2) The infringement of trade secrets will be regarded as a civil tort. If a trade secret is illegally obtained, leaked or used by others, the right holder may rely on the infringement. The law holds the infringer liable for infringement. The civil remedy method is generally to apply for a court to issue an injunction against infringement, which is divided into temporary injunction and long-term injunction. Temporary injunctions are generally issued during litigation, and long-term injunctions are generally issued when the case is finalized and adjudicated. Requesting damages can be used alone or at the same time;
(3) Treat infringement of trade secrets as unfair competition, and rely on anti-unfair competition The law shall investigate their legal liability, and their legal liability is generally criminal liability.
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