What is the basis for judicial protection of trade secrets
The basis for judicial protection of trade secrets is stipulated in the following legal provisions:
" Article 9 of the Anti-Unfair Competition Law of the People's Republic of China: Operators shall not commit the following acts of infringement of trade secrets:
(1) Theft, bribery, fraud , coercion, electronic intrusion or other unfair means to obtain the rights holder’s business secrets;
(2) Disclose, use or allow others to use the rights obtained by the means mentioned in the preceding paragraph; person’s business secrets;
(3) Violating confidentiality obligations or violating rights holders’ requirements to keep business secrets, disclosing, using or allowing others to use the information in their possession Trade secrets;
(4) Instigating, inducing, or helping others to violate confidentiality obligations or violate rights holders’ requirements for keeping trade secrets, obtain , disclose, use or allow others to use the right holder’s trade secrets.
Any natural person, legal person or unincorporated organization other than an operator who commits the illegal acts listed in the preceding paragraph shall be deemed to have infringed upon business secrets.
If you obtain, disclose, use or allow others to use the trade secret despite committing any illegal act, it will be deemed as a trade secret infringement.Trade secrets as referred to in this Law refer to technical information and business information that are not known to the public, have commercial value, and for which the obligee has taken appropriate confidentiality measures. and other business information.
Article 17 of the "Anti-Unfair Competition Law of the People's Republic of China": Operators violate the provisions of this law and cause damage to others , shall bear civil liability in accordance with the law.
If an operator's legitimate rights and interests are harmed by unfair competition, he may file a lawsuit in the People's Court.
The amount of compensation for operators who are harmed due to unfair competition shall be determined based on the actual losses they suffered due to the infringement; actual If the loss is difficult to calculate, it shall be determined based on the benefits obtained by the infringer due to the infringement. If an operator maliciously commits an infringement of trade secrets and the circumstances are serious, the amount of compensation may be determined to be between one time and five times the amount determined according to the above method. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement.
If the operator violates the provisions of Articles 6 and 9 of this Law, the actual losses suffered by the right holder due to the infringement, the infringer If the benefits obtained due to infringement are difficult to determine, the people's court shall award the right holder a compensation of not more than five million yuan based on the circumstances of the infringement.
Article 21 of the Anti-Unfair Competition Law of the People's Republic of China: If operators and other natural persons, legal persons and unincorporated organizations violate the provisions of Article 9 of this Law and infringe commercial secrets, the supervision and inspection department shall order them to stop the illegal activities. Illegal gains shall be confiscated and a fine of not less than 100,000 yuan but not more than 1 million yuan shall be imposed; if the circumstances are serious, a fine of not less than 500,000 yuan but not more than 5 million yuan shall be imposed.
Article 32 of the Anti-Unfair Competition Law of the People's Republic of China: In civil trial proceedings for infringement of trade secrets, commercial The secret right holder provides preliminary evidence to prove that it has taken measures to keep the claimed trade secret secret and reasonably shows that the trade secretIf the secret is infringed, the alleged infringer shall prove that the trade secret claimed by the right holder does not belong to the trade secrets stipulated in this law.
If the owner of a trade secret provides preliminary evidence that reasonably indicates that the trade secret has been infringed, and provides one of the following evidences, the alleged infringer shall prove There is no infringement of trade secrets:
(1) There is evidence that the alleged infringer has channels or opportunities to obtain trade secrets, and The information used is substantially the same as the trade secret;
(2) There is evidence that the trade secret has been disclosed by the alleged infringer, Use or risk of being disclosed or used;
(3) There is other evidence showing that the trade secret has been infringed by the alleged infringer.
Article 219 of the "Criminal Law of the People's Republic of China": Anyone who commits one of the following acts of infringement of trade secrets shall If the right holder causes heavy losses, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if particularly serious consequences are caused, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined:
(1) Obtaining the right holder’s business secrets through theft, inducement, coercion or other improper means;
(2) Disclosing, using or allowing 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 requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession.
Whoever knowingly or should have known about the acts listed in the preceding paragraph and obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets.
Trade secrets referred to in this article refer to those that are not known to the publicKnown, technical information and business information that can bring economic benefits to the right holder, are practical and the right holder has taken confidentiality measures.
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.
The above knowledge is the editor’s answer to the question “What is the basis for judicial protection of trade secrets?” If you need more legal If you need help, welcome to the Legal Savior Network for legal consultation.