1. What are the responsibilities for infringement of trade secrets
1. Liability for breach of contract : Bear responsibility in accordance with the confidentiality contract signed by both parties. If the party that infringes the trade secret, that is, the defaulter, commits an act that infringes the trade secret but does not cause losses to the right holder, he still needs to pay the liquidated damages stipulated in the contract;
2. Liability for infringement: If the infringement of trade secrets causes damage to the right holder, compensation shall be based on the actual loss suffered by the right holder. If the actual loss of the right holder is difficult to calculate, compensation shall be based on the profits obtained by the infringer during the infringement period. Amount;
3. Criminal liability: Whoever constitutes the crime of infringement of trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined or shall be fined; if the crime is particularly serious; If the consequences are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
4. 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. What behaviors It is an act of infringing on trade secrets
1. Obtaining rights holders through theft, bribery, fraud, coercion or other improper means Trade secrets;
2. Disclose, use or allow others to use the trade secrets of the obligee obtained through the means mentioned in the preceding paragraph;
3. Violate the agreement or the obligee's requirement to keep business secrets, disclose, use or allow others to use the business secrets in his possession. If a third party knows or should know that the employees, former employees or other units or individuals of the right holder of the trade secret have committed the illegal acts listed in the preceding paragraph, but still obtains, discloses, uses or allows others to use the trade secret, it shall be regarded as infringement of the trade secret.
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