The Behavior Of The Crime Of Infringing Trade Secrets

The behavior of infringing trade secrets must be defined as this: The actor use allkinds of method to acquire the business secret, father up to publish it, use it andpermit some others to use it. The behavior structure of the infringing trade secretsinclude the behavior pattern，the means and object. The behavior structure of theinfringing trade secrets include four status, which are illegally acquired, illegallydisclosure, using illegally and illegal to allow others to use. The stealing, cure bypromise of gain intimidation constitute the means of the behavior of infringing tradesecret. In addition, the transparency provisions is other improper means. The behaviorof infringing trade secret is trade secret. According to the agreement of Trips and theresults of scholar’s research at home and abroad, the concept of trade secret isunknown to the public, can bring economic benefits to right-holders, practical andusable and will be taking security measures. In the past judicial practice, peoplealways punished the behavior of the infringing trade secret according to Larceny andDisclose state secret of in. So, we must made a distinction between them. In this way,the behavior of the infringing trade secret will be better defined. The differencebetween the behavior of infringing trade secrets and the behavior of theft are thebehavior pattern and object. The object of the behavior of infringing trade secrets onlycan be trade secrets. But, the behavior of theft may be more widely. The behaviorpattern of theft is only stealing. The object of stealing, prying, bribing, providing thenational secret to foreign organization is national secrets. The national secrets havestate will and rigor. The attribute of national secrets include the politics, economicpolicy and foreign policy. But the trade secrets include the technical information andmanagement strategy. The national secrets only belong to the country. But the tradesecrets can belong to natural person or juridical person. Divulging inside informationand the behavior of infringing trade secrets has much different which is the range ofthe issuance. The behavior of the disclosing inside information usually face to thepublic. But sometimes, the behavior of infringing trade secret will face to disclosureto the designated range.