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Intellectual Property

Acts of business secrets infringement and the relevant legal liabilities

Updated: Mar 21, 2018 english.legalinfo.gov.cn Print
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Under the Law for Countering Unfair Competition, An operator shall not adopt any of the following means to infringe on the business secrets of others: (1) obtaining business secrets from the holder of the right by stealing, promising of gain, resorting to coercion or other illegitimate means; (2) disclosing, using or allowing others to use the business secrets of the holder of the right obtained by the means mentioned in the preceding item; (3) disclosing, using or allowing others to use the business secrets that it has obtained by breaking an engagement or disregarding the requirements of the holder of the right to preserve the business secrets; (4) Where a third party obtains, uses or discloses the business secrets of others when it or he has or should have full knowledge of the illegal acts mentioned in the preceding section, it or he shall be deemed to have infringed on the business secrets of others.

As for business secrets infringements, civil liabilities, criminal liabilities or administrative liabilities shall be undertaken according to the seriousness of the case.


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