Violation Of Trade Secrets Crime

Trade secrets is the important component of the intellectual property system. It is the product of market economy. The crime of infringing trade secrets is the needs of protecting trade secrets. In judicial practice, the key to understand the crime of infringing trade secrets is to correctly grasp the legal characteristics, the actions and the calculation of great loss .With the help of one case, we analyze these three problems by case study method.The full text is divided into six parts, about 14,000 words.Part I: the case brief. Tao Guoqiang, Zhou Delong, and Chen Waiming commit the crime of infringing trade secrets.Part II: the case. The article describes the process of three people infringing trade secrets.Part III: focus of the case. The focus of this case mainly includes the following three aspects: 1. Is the technical information trade secrets? 2. Does the perpetrator infringe trade secrets? 3. Does the perpetrator cause the great loss? How to calculate the great loss?Part IV: controversy and divergent. This part introduces the different opinion of prosecutor and accused defense counsel.Part V: legal analysis. First, the article introduces the legal characteristics of trade secrets—the secret, the value and the management. At the same time, the article mainly analyzes and discusses the connotation of the secret and the management. Then, introduces four actions of infringe trade secrets, and propose that independent research and development, reverse engineering are not the actions of infringing trade secrets. When the workers leave their original company, sometimes they will leak the information to others. Then we should determine whether they infringe trade secrets by different situation. Finally, the article analyzes Calculation Standard and Method of great loss.Part VI: Conclusion. In this case, Tao Guoqiang , Zhou Delong , and Chen Waiming constitute the crime of infringing trade secrets. Because Zhou Delong doesn't stay in Wei Long Company for a long time, he can be given a lesser punishment...