What is the difference between the crime of infringement of trade secrets and related crimes
The crime of infringement of trade secrets and the crime of counterfeiting registered trademarks, There are similarities between the crime of patent counterfeiting and the crime of copyright infringement. They both infringe on intellectual property rights. The main differences are: first, the crime of infringement of trade secrets infringes on trade secrets; while other crimes infringe on trademark rights, patent rights and copyrights. Secondly, the crime of infringement of trade secrets mainly manifests itself in obtaining trade secrets by illegal means, or illegally disclosing, using or allowing others to use trade secrets; while other crimes mainly manifest in counterfeiting. Anyone who obtains other people's trade secrets through theft, inducement, coercion or other improper means, and then uses the trade secrets to manufacture products and counterfeit other people's registered trademarks shall, in principle, be punished with several crimes. Those who simply illegally use other people’s trade secrets to manufacture products and counterfeit other people’s registered trademarks should be deemed to have committed several crimes in one act and be punished as a felony.
Company or enterprise staff know about it because of their duties or business Anyone who, after knowing the contents of a trade secret, sells the trade secret to others without authorization and appropriates the illegal gains as his own or makes them owned by a third party shall be deemed to be a crime of corruption or official embezzlement based on the circumstances and the identity of the subject.
"Criminal Law of the People's Republic of China" Article 219 [Crime of Infringement of Trade Secrets] Anyone who commits one of the following acts of infringement of trade secrets shall be punished to the right holder of the trade secretThose who cause heavy losses shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined; if they cause particularly serious consequences, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:
(1) Obtaining the rights holder’s business through theft, inducement, coercion or other unfair means Secret;(2) Disclosure, use or Allowing others to use the right holder’s trade secrets obtained through the previous means;
(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.
Knowing or should have known about the acts listed in the preceding paragraph, Obtaining, using or disclosing other people's trade secrets shall be considered as infringement of trade secrets.
Trade secrets as mentioned in this article refer to information not intended for Technical information and business information that is known to the public, can bring economic benefits to the right holder, is practical and has been kept confidential by the right holder.
The right holder mentioned in this article refers to the business secret The owner of the trade secret and the trade secret user with the permission of the trade secret owner.
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