Analysis of a thorny legal case

According to the analysis of China's laws, Japanese actions violated the relevant provisions of the Anti-Unfair Competition Law. In order to infringe on trade secrets, trade secrets are different from patents such as inventions, utility models and designs, and do not need to be declared.

Article 10 Business operators shall not infringe on business secrets in the following ways:

(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 means mentioned in the preceding paragraph to obtain the business secrets of the obligee;

(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. A third person who knows or should know the illegal acts listed in the preceding paragraph and obtains, uses or discloses other people's business secrets shall be regarded as business secrets.

The term "secret" as mentioned in this article refers to the technical information and business information that are not known to the public, can bring economic benefits to the obligee, and are practical and kept secret by the obligee.

In addition, if the nature is serious, China's criminal law also stipulates the crime of infringing on trade secrets (Article 2 19 of the Criminal Law), which refers to the act of obtaining the trade secrets of the obligee by theft, inducement, coercion or other improper means, or illegally disclosing, using or allowing others to use the trade secrets they have mastered or obtained, thus causing great losses to the obligee of trade secrets.

Article 219 Whoever commits one of the following acts of infringing on trade secrets, thus causing heavy losses to the right holder of trade secrets, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall 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.

Of course, all the above are based on the analysis of our laws. I don't even study the laws of Japan or Germany, and I dare not comment on them, but generally all countries have legislation on unfair competition in business activities.