What is the definition of the crime of trade secret?

  What is the definition of the crime of trade secret?

  The crime of infringement of trade secrets refers to the act of obtaining, using, disclosing or allowing others to use the trade secrets of the obligee by improper means, thus bringing huge losses to the obligee.

  The object of this crime is the state's management system of trade secrets and the legitimate rights and interests of trade secret owners. The objective aspect refers to the act of obtaining, using, disclosing or allowing others to use trade secrets by improper means, which has caused great losses to the right holders of trade secrets.

  The specific situation includes the following three types:

  (1) Obtaining the business secrets of the obligee by stealing, luring, threatening or other illegal means.

  (2) disclosing or allowing others to use the trade secrets of the obligee obtained by previous means.

  (3) disclosing, using or allowing others to use the business secrets in violation of the contract or the requirements of the holders of the business secrets. The so-called "business secret" refers to the 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 so-called "obligee" refers to the user of trade secrets. The subject of a crime can be an individual or an organization, and it must be intentional.

  When determining the nature of such cases, it should be noted that if you know or should know the following three acts, that is, obtaining, using or disclosing other people's trade secrets, it may constitute trade secret infringement.

  According to the provisions of Articles 219 and 220 of the Criminal Law, whoever commits this crime and causes heavy losses to the obligee of business secrets shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. If a unit commits this crime, it shall implement the double penalty system, that is, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above provisions. # Weibo Open Class # # Lawyer Consultation # # Legal Consultation #?