What is the criminal composition of the crime of infringement of trade secrets?

The crime of infringing on trade secrets refers to obtaining the trade secrets of the right holder through theft, inducement, coercion or other improper means, or illegally disclosing, using or allowing others to use the trade secrets that it possesses or obtains, and giving the right holder of the trade secrets Behavior that causes heavy losses. So what is the criminal constitution of the crime of infringement of trade secrets? Let the editor of Legal Savior Network tell you below.

What is the criminal constitution of the crime of infringement of trade secrets

Objectively implemented Infringement of trade secrets and caused heavy losses to the right holder.

1. First, the object of the action is a trade secret. Trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical and the right holder has taken confidentiality measures. Accordingly, trade secrets have the following characteristics:

First, trade secrets are a kind of technical information and business information. Technical information and business information may be carried by words, images, or physical objects, and may also exist in people's brains or operating methods.

Second, trade secrets are matters that are not known to the public, that is, they must be matters that are only known to people within a certain range.

Third, trade secrets can bring economic benefits to the right holder. The right holder 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. Economic interests are limited to positive economic interests, that is, they can increase the property or property interests of the right holder

Fourth, trade secrets have practicality, that is, they have Direct and realistic use value, the right holder can directly apply the trade secret to production and business activities.

Fifth, the owner of the trade secret has taken confidentiality measures. In addition, trade secrets also have the characteristics of transferable use rights, no fixed protection period, and extensive content.

2. Commitment of infringement of trade secrets. Infringement of trade secrets occurs in the following situations:

First, obtain the right holder’s business secrets through theft, inducement, coercion or other unfair means. Theft generally refers to obtaining trade secrets by stealing the carrier of trade secrets; inducement refers to using money, items or other benefits as bait to make people who know the contents of trade secrets provide trade secrets; coercion refers to the use of money, items or other benefits as bait to make people who know the contents of trade secrets provide trade secrets; coercion refers to the use of money, items or other benefits as bait People use intimidation and threats to force others to provide trade secrets. Other unfair means refer to other unfair means other than theft, inducement, and coercion, such as snatching drawings containing trade secrets.

Second, disclose, use or allow others to use the right holder’s business secrets obtained through the first method above. This is a continuation of the first behavior above. Disclosure refers to informing the right holder's competitors or other persons of illegally obtained trade secrets, or publishing the contents of trade secrets to the public; use refers to using one's illegally obtained trade secrets for production or business; allowing others to use , refers to allowing others to use the trade secrets obtained by oneself for production or operation, including paid and unpaid situations.

Third, violate the agreement or violate the obligee's requirement to keep business secrets, disclose, use or allow others to use the business secrets in his possession. This refers to the act of disclosing, using or allowing others to use trade secrets by those who are legally aware of the contents of trade secrets, including staff within the company or enterprise, transferred personnel, retired personnel who have worked in the company or enterprise, and persons with rights holders. Relevant personnel who have entered into an agreement to keep trade secrets.

Fourth, knowing or should have known about the first to third illegal acts mentioned above, and obtaining, using or disclosing other people’s business secrets. This is an act of indirect infringement of trade secrets, that is, a third party obtains, uses or discloses the trade secrets of others despite knowing or should have known that the person imparting the trade secrets to it has committed the above-mentioned illegal acts.

The above is the relevant introduction to the crime of infringement of trade secrets. I hope it can help everyone. If you need to know more, please pay attention to the official website of Legal Savior Network and consult our Legal Savior Network lawyers online. We will serve you wholeheartedly.