The concept of trade secret is: trade secret refers to technical and commercial information that is not known to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee. Legal Regulation: Article 9 of the Anti-Unfair Competition Law. According to this law, the actor may not obtain the business secrets of the obligee by acts such as theft, bribery, fraud, coercion, electronic intrusion, etc.
How to measure the penalty for the crime of infringing trade secrets?
1. Article 219 of the Criminal Law: 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 improper means such as theft, inducement or coercion;
(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.
2, know or should know the behavior listed in the preceding paragraph, obtain, use or disclose other people's business secrets, belongs to the infringement of business secrets.
3. The term "trade secrets" as mentioned in this article refers to technical and commercial information that is not known to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee.
4. The term "obligee" as mentioned in this article refers to the owner of business secrets and the user of business secrets with the permission of the owner.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 219 of the Criminal Law commits one of the following acts of infringing business secrets, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially 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: (1) obtaining the business secrets of the obligee by theft, bribery, fraud, coercion, electronic intrusion 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 confidentiality obligations or the requirements of the obligee to keep business secrets. In the acts listed in the preceding paragraph, anyone who knowingly obtains, discloses, uses or allows others to use the trade secret shall be regarded as infringing on the theory of trade secret.