The behavior of violating commercial secrets refers to obtain, disclose, use orpermit others to use the commercial secrets of rights holders improperly, thus injurestheir interests.The mode of behavior of violating commercial secrets shows as the following fourcategories: one is to obtain commercial secrets improperly, it is specifically refers to theft,coercion, inducement or other improper means. Second is to disclose, use or permitothers to use the commercial secrets obtained through improper means illegally. Third isto disclose, use or permit others to use the commercial secrets obtained through legalmeans illegally. In this situation, there is a contract or agreement between the actor andthe rights holder in which they reached a consistency for the actor obtains thecommercial secrets, but he violated the agreement or the requirement. The fourthbehavior based on the violations of commercial secrets above, it refers to a third personwho knows or should have known the above behaviors but he still obtains, uses ordiscloses the commercial secrets obtained through the above behaviors. The objects ofbehavior of violating commercial secrets is commercial secrets, it is defined as thetechnical information and management information which are unknown by the public,can bring economic profits to the person who enjoys the rights, is of utility and has beentaken classified measures by the person who enjoys the rights.The boundary between behavior of violating commercial secrets in criminal law andin administrative law is the former demands serious behavioral outcomes. Theboundaries among behavior of violating commercial secrets and behavior of violatingstate secrets and theft in larceny are that their means of behavior and objects of behaviorare different. |