What does legal liability for infringement of trade secrets include?

Liability for infringement of trade secrets: Civil liability includes elimination of danger, return of property, removal of obstacles, apology, elimination of influence, cessation of infringement, and compensation for damage; Administrative liability: Commercial administrative authorities can order a cessation of infringement of trade secrets. Regarding the question of what legal liability for infringement of trade secrets includes, the editor of Legal Savior Network will answer it in detail for you below.

1. What does legal liability include for infringement of business secrets

1. Infringement of business secrets Secrets should be held liable:

(1) Civil liability includes eliminating danger, returning property, removing obstacles, apologizing, eliminating influence, stopping infringement, and compensating for damage;

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(2) Administrative Responsibility Commercial administrative authorities may order the cessation of infringement of trade secrets. If a crime is constituted, the person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and concurrently or solely with a fine; if particularly serious consequences are caused, the person shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined.

2. Legal basis: According to Article 219 of the "Criminal Law of the People's Republic of China" 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, and shall also be fined:

(1) Obtained by theft, bribery, fraud, coercion, electronic intrusion or other improper means The right holder’s trade secrets;

(2) Disclose, use or allow others to Using the right holder’s trade secrets obtained by means of the preceding paragraph;

(3) Violating confidentiality obligations or violating rights holders’ requirements for keeping trade secrets, disclosing, using or allowing others to use trade secrets in their possession. Knowingly knowing the acts listed in the preceding paragraph, obtaining, disclosing, using or allowing others to use theIf there is a trade secret, it shall be regarded as infringement of the trade secret. 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 are the scope of civil compensation for infringement of trade secrets

As for the scope of compensation for infringement of trade secrets, there are generally the following methods to determine:

(1) Based on trade secret rights The loss suffered by the person shall be the amount of compensation;

(2) If the loss of the victim is difficult to determine, the amount of compensation shall be the amount obtained by the infringer due to the infringement during the infringement period profits, and shall bear the reasonable expenses paid by the offended party for investigating the infringement;

(3) If it is an infringement of trade secrets during the licensed use of trade secrets , the amount of compensation can be the license to implement the trade secret and reasonable expenses.

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