1. What are the provisions for the crime of infringement of trade secrets
1 , the crime of infringement of trade secrets. The provisions of trade secrets are as follows: Trade secrets refer to technical information, business information and other commercial information that are not known to the public, have commercial value, and for which the obligee has taken corresponding confidentiality measures. Those who commit the crime of infringing on trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined; if particularly serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
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. How to punish the crime of infringement of trade secrets
1. A natural person who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years. Or criminal detention, and shall be concurrently or solely 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.
2. Unit Anyone who commits the crimes stipulated in Articles 213 to 219 of this section shall be fined, and the person directly in charge and other directly responsible persons shall be held criminally responsible in accordance with the above provisions.
Infringement of other people’s business secrets is actually an unfair means of competition in our country. Of course, when the circumstances are serious, it may even be considered a crime. That is the crime of infringement of trade secrets. Therefore, many times the liability for infringement of trade secrets includes administrative liability and criminal liability. However, it should also be noted at this time that criminal liability is generally only involved when it is determined that a crime is constituted.
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