1. What are the responsibilities for infringement of trade secrets
(1) Civil liability
1. Liability for breach of contract: Liability shall be borne according to 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. Forehead. In addition, the Anti-Unfair Competition Law also stipulates that the infringer shall bear the reasonable expenses paid by the right holder for investigating unfair behaviors that infringe upon his legitimate rights and interests;
3 , Depending on the different circumstances of the case, other ways of assuming liability under the Civil Code may also be applied. Such as stopping the infringement, making an apology, eliminating the impact, etc. However, the right holder of infringement and breach of contract can only choose one, and cannot claim both at the same time.
(2) Administrative Responsibility
1. Stop infringement: For infringement, supervise The inspection department should order the illegal behavior to stop;
2. Fine: Depending on the circumstances of infringement of trade secrets, a fine of not less than RMB 10,000 but not more than RMB 200,000 will be imposed.
(3) Criminal liability
1. If a natural person commits this crime, he shall be sentenced to three years in prison The following fixed-term imprisonment or criminal detention, and concurrently or solely with a fine; if particularly serious consequences are caused, the sentence shall be not less than three years and not more than seven years of fixed-term imprisonment, and also a fine;
2. If a unit commits this crime, the unit shall be fined, and the directly responsible person in charge and the directly responsible personnel shall be held criminally responsible according to the above provisions.
(4) Legal basis:
"Criminal Law of the People's Republic of China"
Article 219 Whoever commits any of the following acts of infringement of trade secrets, causing heavy losses to the right holder of the trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or a fine alone; if particularly serious consequences are caused, 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.
"Anti-Unfair Competition Law of the People's Republic of China"
Article 21 Business If any person or other natural person, legal person or unincorporated organization violates the provisions of Article 9 of this Law and infringes commercial secrets, the supervision and inspection department shall order him to stop the illegal act, confiscate the illegal income, and impose a fine of not less than 100,000 yuan but not more than 1 million yuan; if the case is serious, , a fine of not less than RMB 500,000 but not more than RMB 5 million shall be imposed.
"Civil Code of the People's Republic of China"
170 The nine main ways to bear civil liability are:
(1) Stop the infringement;
(2) Eliminate obstacles;
(3) Eliminate danger;
(4) Return Property;
(5) Restoration to original condition;
(6) Repair, redo, Replacement;
(7) Continue to perform;
(8) Compensate for losses;
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(9) Pay liquidated damages;
(10) Eliminate the impact and restore reputation;
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(11) Apologize.
If the law provides for punitive damages, such provisions shall prevail.
The methods for bearing civil liability stipulated in this article may be applied individually or in combination.
2. Which behaviors are infringement of business Secret behavior
(1) Obtaining the right holder’s business secrets through theft, bribery, fraud, coercion or other improper means;
(2) Disclose, use or allow others to use the right holder’s business secrets obtained by means of the previous paragraph;
(3) Violating the agreement or violating 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.
On the premise of establishing a trade secret protection system and meeting the conditions for trade secrets, enterprises have the right to pursue the civil liability of trade secret infringers in accordance with the law. If you believe that your trade secrets have been infringed and caused heavy losses, you can apply to the public security organs and request that the infringer be held criminally responsible. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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