The criminal law article219Article The crime of infringing trade secrets

       The infringement of business secret, to the business secret rights caused a serious loss, is less than three years imprisonment or criminal detention, or be fined; if the consequences are especially serious, department for more than three years of less than seven years imprisonment, fined:

(a)  By stealing, luring, coercion or any other improper means to acquire the business secrets of the right owner;

Two.  Disclosing, using or allowing others to use the means of obtaining previous business secrets of the right owner;

Three.  Violating the agreement or the owner of the right to secret conservative requirements, disclosure, use or permit others to use the business secret.

The seller knows or should know the acts mentioned in the preceding paragraph, access, use or disclosure of trade secrets of others, to the infringement on commercial secrets.

The term trade secrets in this article, is not known to the public, can bring economic benefits to the obligee, technology information and management information and the relevance of human rights to take security measures.

Alleged human rights this article, refers to the trade secret owner and the commercial secrets all license commercial secret use.

The judicial interpretation

A,The implementation of the criminal law article219The provisions of the act, to the business secret rights made a loss in the amount of five hundred thousand yuan of above, belong to "to the business secret rights caused a serious loss," should be to violating commercial secrets and sentenced to three years in prison or detention, or be fined.

Commercial secret right to damages in the amount of two million five hundred thousand yuan of above, belong to the criminal law article219The provisions of "consequences" are especially serious, should be based on the crime of infringing trade secrets and sentenced to three years imprisonment less than seven years, and shall also be fined.

Two,Units in the implementation of the criminal law article213Through article219The provisions of the act, in accordance with the standard of conviction and sentencing of the corresponding provisions of this interpretation of the individual crime sentencing convicted three times.

Three,Knowing others to commit crimes of infringing intellectual property rights, and provides loans, funds, accounts, invoices, certificates, licenses for the production, management, or places or transportation, storage, import agent, convenience, help, the crime of infringement of intellectual property rights shall be punished as an accomplice. ("concerning the handling of criminal cases of infringing intellectual property of concrete application of law interpretation of several issues" article7,15,16One, the Supreme People's court, the Supreme People's Procuratorate Interpretation [2004]19Number)

Violating commercial secrets, suspected of any of the following circumstances, should be prosecuted:

1         To the business secret rights causes economic losses in the amount of five hundred thousand yuan;

2         Thus the right person bankruptcy or other serious consequences. ("about the standards of prosecution of economic crime cases regulations" article65One, the Supreme People's Procuratorate, the Ministry of Public Security issued [2001]11Number)

Article220Article Where a unit commits the crime punishment

       Where a unit commits the section213Through article219The provisions of the crime, it shall be fined, and the person in charge directly responsible and other personnel directly responsible shall be punished in accordance with this section, the provisions of the articles.