Operators shall not use the following means to infringe on business secrets:
(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. If a third party knows or should know the illegal acts listed in the preceding paragraph and obtains, uses or discloses other people's business secrets, it shall be regarded as infringement of business 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 second legal problem is that Article 2 19 of the Criminal Law may be violated:
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.
Then the key question is to see whether this mechanical manufacturing drawing is a trade secret, such as whether this drawing has been patented, whether the machine manufactured according to this drawing has applied for a patent or a utility model, whether the manufacturer has provided the machine drawing to other suppliers, and so on. The key is to identify.