Case.
Li Si is a formula technician of a production enterprise, mastering the company's trade secrets, the company did not sign a confidentiality agreement with Li Si, and after Li Si resigned, he jumped to another company.
The original company has a competitive relationship with the enterprise to work, and uses the original company's trade secrets to produce products with the same process, resulting in a sharp decline in the profits of the original company.
has the right to pursue criminal responsibility, up to Li Si may be sentenced to 10 years in prison, the infringing unit can also be fined, and the person in charge and other directly responsible personnel can also be fined. If there is no agreement on liquidated damages, the company may lose 5 million, and the compensation amount of the worker is only 50,000 yuan, which is very unworthy.
Article 219: [Crime of Infringement of Trade Secrets] Where any of the following acts of infringement of trade secrets are committed, and the circumstances are serious, a sentence of up to three years imprisonment and/or a fine is to be given; where the circumstances are especially serious, a sentence of between three and ten years imprisonment and a concurrent fine is to be given
1) Obtaining rights holders' commercial secrets through theft, bribery, fraud, coercion, electronic intrusion, or other improper means;
2) Disclosing, using, or allowing others to use the rights holder's commercial secrets obtained by means of the preceding paragraph;
3) Disclosing, using, or allowing others to use the commercial secrets in their possession in violation of confidentiality obligations or rights holders' requirements for the preservation of commercial secrets.
Clearly knowing the conduct listed in the preceding paragraph, obtaining, disclosing, using, or allowing others to use the trade secret, it is considered an infringement of trade secrets.
"Rights holders" as used in this article refers to the owners of trade secrets and users of trade secrets with the permission of the owner of trade secrets.
Article 220: [Provisions on Punishment for Units Committing Crimes of Infringement of Intellectual Property Rights] Where units commit the crimes provided for in articles 213 to 219-1 of this section, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of each article of this section.