Research On The Judicial Determination Of The Crime Of Infringement Of Trade Secrets

The legal interests protected by the crime of infringement of trade secrets are complex objects in which the order of competition is the main and the private legal interests of the right holder are secondary.The commercial information involved in the case meets the three normative characteristics of confidentiality,value and confidentiality,and is a trade secret.The determination of confidentiality should not be strict,and ordinary information that is not well known in the industry or information that cannot be directly obtained from public channels and has a minimum secret limit can meet the requirements.Value is determined,no value quantity is required,and there is no limit on the duration and number of times it can be used.Determining confidentiality requires the right holder to have a willingness to protect and to adopt appropriate confidentiality measures to prevent leakage.The criteria for determining that an act of improper acquisition constitutes a trade secret crime should be stricter than other types,and if it meets the criteria of "major loss",it should be proved that there is a causal relationship between the act and the loss.The determination of improper acquisition methods added to the legislation should openly determine the "benefits"of bribery means;the determination of electronic intrusion means requires that the use of unauthorized or unauthorized technical means to enter the information system to obtain other people’s trade secrets should be required.Illegal use is the type of act that causes substantial harm to legal interests,and there are three specific ways:disclosure,use and permission for others to use it.There is no formal restriction on the determination of disclosure,and there is no requirement that the object of disclosure be specific or not.To determine the use behavior,it is necessary to judge from the substance,whether it is directly put into production or put into production after transformation,the essence is the use behavior.The defendant’s conduct caused the third party to be informed,and the defendant allowed the third party to use the trade secret,which constituted allowing others to use it.Finding that the illegal use of lawfully obtained trade secrets requires the defendant to bear the agreed or statutory confidentiality obligations,and the abuse violates the prohibition requirements of the confidentiality obligations.The crime of infringing trade secrets is an intentional crime,and the requirements for the determination of intentionality are different depending on the subject of the infringement.The determination that the direct infringer has committed an intentional crime is inferred from the performance of the violation.For indirect infringers,the subjective determination should be more stringent,and it is necessary to meet the requirements of "knowing+illegal use",that is,the "knowing" before the act is illegal and objectively committed,and the intentional crime is inferred.The defendant ’knowingly’ knew that the object of knowledge was three kinds of direct infringement,but it was not required to recognize the specific content of the direct violation,it was only necessary to recognize the illegal nature of the act or the illegal obligation of confidentiality,and the degree of "knowing" needed to be comprehensively determined in conjunction with the evidence of the whole case to reach the degree of "presumed knowledge".As the criterion for judging the degree of infringement of legal benefits,"serious circumstances" is the "amount of guilt" in the criminal law on the criminal composition of the crime of infringing trade secrets.The "circumstances" of the crime of infringing trade secrets are limited to objective circumstances indicating the degree of infringement of legal interests,and the specific content includes the amount of illegal business,the number of infringing products,the losses of the right holder,the value of the trade secret,the number of infringements,etc.The determination of the amount and quantity required for specific circumstances needs to be clarified by judicial interpretation."Significant loss" is one of the circumstances of this crime,and when the standard is applied to determine that the act constitutes a crime,it should be required that there is a causal relationship between the violation and the "major loss".