Who is the subject of the crime of infringement of trade secrets?

The criminal subject of the crime of infringement of trade secrets is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity to act can constitute this crime. In addition, units can also constitute the criminal subject of this crime. If a unit commits this crime, the person directly in charge and other directly responsible personnel shall be held criminally responsible in accordance with the provisions of this article. Regarding the question of who is the subject of the crime of infringement of trade secrets, the editor of Legal Savior Network will answer it in detail for you below.

1. Who is the subject of the crime of infringement of trade secrets

(1) The criminal subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity to act can constitute this crime. In addition, units can also constitute the criminal subject of this crime.

(2) If the unit commits this crime, the person in charge and other persons directly responsible for it Personnel shall be held criminally responsible in accordance with the provisions of this article. In our country, the subjects constituting the crime of infringement of trade secrets usually include the following types:

1. Directors of the company Chiefs, managers and other managers, employees of enterprises, etc.;

2. Retired or transferred Personnel of the original enterprise;

3. Persons who are entrusted and therefore know and master the trade secrets, such as Lawyers, patent agents, economic consultants, etc.;

4. Cooperation that has had a cooperative relationship with the enterprise Square;

5. People who have the power to supervise, inspect, investigate and manage enterprises, such as auditors, tax personnel, competent administrative agency personnel, industrial and commercial administrators, etc. ;

6. Except for the above five types of personnel who may become subject requirements due to the disclosure of trade secrets, any other Anyone may become the subject of this crime through theft, inducement, coercion or other improper means to obtain the right holder’s trade secrets;

7. Relevant units and directly responsible persons who disclose, use or allow others to use the trade secrets in their possession in accordance with the contract or the obligee's requirements for keeping trade secrets. In addition, in order to obtain and use trade secrets and Units or individuals who have previously conspired with criminals who disclose trade secrets shall be punished as joint criminals;

(3) Legal basis: Article 219 of the "Criminal Law of the People's Republic of China", one of the acts of infringement of commercial secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, and shall also or solely be fined; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.

2. What are the issues in identifying evidence in infringement of trade secrets

(1) The difficulty in providing evidence for the public prosecution to accuse the defendant of infringement of trade secrets is mainly reflected in two aspects:

1. The first aspect is the non-cooperation of the right holder. Often the right holder is unwilling to provide evidence of the business secrets he or she owns, let alone submit technical information to handed over to the relevant departments for identification, which resulted in the perpetrator infringing the commercialThere was a problem with the secret evidence.

2. The second aspect is the identification of whether the information leaked by the perpetrator is a trade secret. . If the conditions for appraisal are met, the relevant technical information should be entrusted to a professional department for appraisal. This is because when examining whether the technical information leaked by the perpetrator is a trade secret, it often involves very complex technical issues. The judge knows very little about this type of professional technology, so how to determine that the professional technology is a trade secret. In this case, professional identification is particularly important. Because professionals are relatively familiar with the latest domestic and international situations of professional technology, the conclusions they draw after retrieving and conducting comparative analysis of data are scientific and objective to a certain extent. The judge is a neutral referee. The appraisal conclusion based on which the case is finalized must be cross-examined in court and the opinions of both parties are heard. The judge then conducts a comprehensive review and judgment based on other evidence before deciding whether to accept it or not.

(2) my country’s criminal law stipulates that causing significant losses to the owner of a trade secret constitutes a crime. How to determine Heavy losses and what constitutes heavy losses become the key to distinguishing crimes from non-crimes.

Causing significant losses is a necessary requirement for the crime of infringement of trade secrets. In criminal proceedings, heavy losses generally refer to the material losses suffered by the victim due to the criminal's criminal behavior. As far as infringement of trade secrets is concerned, the criminal law does not clearly define and explain the meaning of heavy losses.

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