The crime of infringing on trade secrets refers to the act of obtaining another person's trade secret by improper means without the permission of the right holder of the trade secret, and disclosing, using, or permitting another person to use the trade secret, which causes significant loss to the right holder of the trade secret.
The Criminal Law
Article 219 of the Criminal Law
Anyone of the following acts of infringing upon a trade secret, which causes significant loss to the owner of the right to the trade secret, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be punished by a fine in addition to or separately from the fine; if it has caused particularly serious consequences, it shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall be punished by a fine:
(1) obtaining the right holder's trade secret by stealing, inducement, duress or other improper means. Other improper means to obtain the right holder's trade secrets;
(2) disclosure, use or allow others to use the right holder's trade secrets obtained by the previous means;
(3) violation of the agreement or violation of the right holder's requirements on the preservation of trade secrets, the disclosure, use or allow others to use the trade secrets in their possession. Knowingly or should have known that the acts listed in the preceding paragraph, access, use or disclosure of other people's trade secrets, to infringement of trade secrets.
Expanded Information
Case: Commercial Bribery and Illegal Stealing of Trade Secrets
Four persons, including the chief of production technology, the director of the project design office, and the director of the marketing department of the subordinate enterprises of a chemical group in Zhejiang Province, secretly agreed with a certain company in Shandong Province to provide the chemical group with technical information on the current production of glyphosate (and including all products and by-products of glyphosate), and to provide the company with technical information on the current production of glyphosate. All glyphosate products, by-products, preparations, utility engineering technology, etc.):
Process operating procedures, safety operating procedures, inspection procedures, floor plan, project equipment list, non-standard equipment information; and dimethyl ester and chloromethane recovery of the relevant technical information, operating procedures, and to help train personnel, guide equipment procurement, installation, commissioning, until the production of qualified products, the other side to pay the Four people technology transfer fee of 850,000 yuan. To the case, a company in Shandong product sales reached RMB 136.6 million.
Jiande city people's court on the suspects XiaMouMou, WuMou, ZhouMouMou, LiMou infringement of trade secrets, sentenced to XiaMouMou three years and eight months of imprisonment and a fine of rmb 100,000 yuan, sentenced to ZhouMouMou three years of imprisonment and a fine of rmb 100,000 yuan, sentenced to WuMouMou three years of imprisonment and a fine of rmb 100,000 yuan, sentenced to LiMouMou one year and six months, suspended for two years, and sentenced to LiMouMou one year and six months, suspended for two years. One year and six months, suspended for two years, and a fine of RMB 50,000 yuan.
Baidu Encyclopedia - Crime of Infringing Trade Secrets
China National People's Congress - Criminal Law