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 a trade secret, that is, the defaulter, commits an act of infringing a trade secret but does not cause losses to the right holder, he still needs to pay the liquidated damages stipulated in the contract.
(2) Tort liability: If the infringement of trade secrets causes damage to the right holder, the actual loss suffered by the right holder shall be compensated. If the actual loss of the right holder is difficult to When calculating, the amount of compensation should be based on the profits gained by the infringer during the infringement period.
In addition, the Anti-Unfair Competition Law also stipulates that the infringer shall also bear the reasonable expenses paid by the right holder for investigating unfair behaviors that infringe upon its legitimate rights and interests.
(3) Depending on the different circumstances of the case, other ways of assuming liability under the General Principles of Civil Law 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
Legal basis: According to the "Anti-Unfair Competition Law" Relevant regulations stipulate that when infringement occurs, the victim can take the initiative to request the Industrial and Commercial Administration Bureau for investigation and punishment.
(1) Stop infringement: For infringement, the supervision and inspection department shall order the cessation of the illegal act.
(2) Fine: A fine of not less than 10,000 yuan but not more than 200,000 yuan may be imposed based on the circumstances of infringement of trade secrets.
3. Criminal liability
The crime of infringement of trade secrets refers to the crime of obtaining rights holders through theft, inducement, coercion or other unfair means The act of illegally disclosing, using or allowing others to use the trade secrets it possesses or acquires, causing significant losses to the right holder of the trade secrets. The "loss" mentioned here includes direct or indirect economic losses. .
(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 also be fined or shall be fined alone; if it causes particularly serious consequences, he shall be sentenced to A term of imprisonment of not less than three years but not more than seven years, and a fine.
(2) If a unit commits this crime, the unit shall be sentenced to a fine and the unit shall be directly responsible for it The persons in charge and those directly responsible shall be investigated for criminal liability according to the above provisions.
4. Legal basis: Article 9 of the "Anti-Unfair Competition Law"
Article 219 of the Criminal Law
2. Which behaviors are infringement of trade secrets
(1) Theft, bribery, fraud , coercion or other unfair means to obtain the right holder’s business secrets;
(2) Disclose, use or allow others to use the right holder’s business secrets obtained by the means mentioned in the preceding paragraph; Secret;
(3) Violating the agreement or violating the obligee's requirement to keep business secrets, disclosing, using or allowing others to use the business secrets in his possession.
The third party knowingly knows or should know that the employee, former employee or other unit or individual of the right holder of the trade secret has committed the illegal acts listed in the preceding paragraph, but still obtains, discloses, Using or allowing others to use the trade secret shall be regarded as infringement of trade secrets.
On the premise of establishing a trade secret protection system and meeting the conditions for trade secrets, enterprises have You have the right to pursue the civil liability of the infringer of trade secrets 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 liable. I hope the above content can be of some help to youHelp, 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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