What are the remedies for companies to infringe on trade secrets?

In legal affairs, we often encounter some companies, such as the mechanical processing companies in Deyang, which have high requirements for customer information and machining technology. Once the relevant personnel have mastered this information, they leave the company, join or set up a similar company, and use this information to provide their own information. Businesses suffer serious losses. What are the remedies for companies to infringe on trade secrets? Below, the editor of Legal Savior Network will introduce it to you in detail.

What are the remedies for companies to infringe on trade secrets

1. Labor law relief

After the conclusion of the contract, the performance of the contract and the termination of the contract, the employee violates the enterprise's Rules and regulations for protecting trade secrets. If the confidentiality clause, confidentiality contract or non-competition contract in the labor contract causes losses to the enterprise, the enterprise may apply to the Labor Dispute Arbitration Committee for labor arbitration in accordance with the provisions of the Labor Law, and request that workers who violate the above agreements bear liability for damages. If you are dissatisfied with the labor arbitration award, you may file a lawsuit in the People's Court within the statutory period.

2. Administrative law relief

The relief provided by administrative law is mainly for unfair competition behavior by industrial and commercial administrative agencies. The competent authority handles the infringement of trade secrets. According to the "Anti-Unfair Competition Law" and the "Several Provisions on Prohibiting the Infringement of Trade Secrets" issued by the State Administration for Industry and Commerce, when an enterprise believes that its trade secrets have been infringed, it may apply to the industrial and commercial administration to investigate and deal with the infringement. If the infringer If the infringement is established, the party shall bear corresponding administrative liability. Enterprises may also file a lawsuit with the industrial and commercial administration authorities due to damage compensation issues.Upon request for mediation, the industrial and commercial administrative authorities shall conduct mediation. Enterprises can directly file a lawsuit with the People's Court and request damages.

3. Civil law relief

The right to claim relief in civil law is based on contract or tort, requiring the defaulter or tortfeasor to bear liability for breach of contract or tort liability. According to the contract, if a party violates the relevant confidentiality clauses in the contract, it will constitute a breach of contract and shall bear liability for breach of contract. According to the confidentiality contract, the enterprise can request commercial arbitration or litigation, require the other party to compensate for the corresponding losses, and safeguard the legitimate rights and interests of the enterprise. If someone commits an act of infringement of trade secrets as stipulated by law and causes serious damage to the enterprise, the enterprise can file a lawsuit with the people's court with jurisdiction and request the defendant to bear civil responsibilities such as stopping the infringement, eliminating the impact, and compensating for losses.

4. Criminal law relief

According to the provisions of Article 219 of the Criminal Law, infringement of trade secrets will cause serious consequences to the right holder. If the loss is serious, the person shall be sentenced to fixed-term imprisonment of not more than three years and concurrently with a fine or a fine; if the consequences are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years and concurrently fined. If the infringement of a company's trade secrets is serious and causes serious losses to the company, the company can file a criminal private prosecution with the people's court or file a complaint with the public security agency and request that the case be opened for investigation. The infringer shall be held criminally liable, and an accompanying civil lawsuit may be filed to require the infringer to compensate for corresponding losses.

The above content is the relevant answer, if you still If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.