According to Article 219 of the Criminal Law of People's Republic of China (PRC), the crime of infringing on trade secrets: whoever commits one of the following acts of infringing on trade secrets and causes heavy losses to the holder of trade secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes especially serious consequences 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 business secrets of the obligee by theft, inducement, coercion or other improper means;
(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;
(3) disclosing, using or allowing others to use the business secrets in their possession in violation of the agreement or the requirements of the obligee to keep the business secrets.
Anyone who knows or should know the acts listed in the preceding paragraph and obtains, uses or discloses other people's trade secrets shall be regarded as infringing on trade secrets. The term "business secrets" as mentioned in this article refers to technical information and business information that are not known to the public, can bring economic benefits to the obligee, are practical and are kept confidential by the obligee.
The obligee mentioned in this article refers to the owner of the business secret and the user of the business secret with the permission of the owner.
Referring to Article 280 of the Criminal Law of People's Republic of China (PRC), the crime of forging, altering or buying or selling official documents, certificates and seals of state organs; Crime of stealing, robbing or destroying official documents, certificates and seals of state organs; Crime of forging seals of companies, enterprises, institutions and people's organizations: whoever forges, alters or buys or sells official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
Whoever forges the seals of companies, enterprises, institutions or people's organizations shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights, and shall also be fined.
Extended data
Referring to Article 22 of the Labor Law of People's Republic of China (PRC), the parties to a labor contract may agree in the labor contract on matters related to keeping the business secrets of the employing unit.
With reference to Article 25 of the Labor Law of People's Republic of China (PRC), the employer may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of labor discipline or the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the interests of the employer;
(4) Being investigated for criminal responsibility according to law.
Referring to Article 23 of the Labor Contract Law of People's Republic of China (PRC), the employer and the employee may agree in the labor contract to keep the business secrets of the employer and confidential matters related to intellectual property rights. For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period. If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Xishuangbanna Public Security Bureau-People's Republic of China (PRC) and China Criminal Law
Sanshui District Federation of Trade Unions-People's Republic of China (PRC) Labor Contract Law
Yibin Urban and Rural Planning Bureau-People's Republic of China (PRC) Labor Law