What is the infringement of trade secrets?

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What is the infringement of trade secrets

(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 right holder's requirements for keeping trade secrets, disclosing, using or allowing others to use the trade secrets in his possession.

"Criminal Law"

Article 219 [Crime of infringement of trade secrets] Whoever commits any of the following acts of infringing on trade secrets and causes heavy losses to the right holder of the trade secret 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, he 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) With Stealing, inducement, coercion or other improper means to obtain the right holder’s business secrets;

(2) Disclosing, using or allowing others to use the means obtained in the preceding paragraph The obligee’s trade secrets;

(3) Violating the agreement or violating the obligee’s requirements for keeping trade secrets, disclosing, using or allowing others to use the information in his possession of trade secrets.

Whoever knowingly or should have known about the acts listed in the preceding paragraph, obtains, uses or discloses the trade secrets of others shall be deemed to have infringed the trade secrets.

Trade secrets as mentioned in this article 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.

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.

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