Restrictive Interpretation on "Serious Circumstances" in the "Crime of Infringing Trade Secrets"
DOI:
https://doi.org/10.54097/ehss.v14i.8918Keywords:
Crime of infringement of trade secrets, Significant losses, Trade secret, The theory of profitAbstract
The Criminal Law Amendment (11) changes the criminalization standard for the crime of infringing trade secrets from "causing significant losses" to "serious circumstances", but the essence of the boundary between crime and non-crime is still whether "significant losses have been caused". By comparing the four mainstream theories and representative extraterritorial legislation, this paper analyzes from four dimensions: implementation feasibility, economic benefits, scope of application, and application possibilities. The profit method is the profit method to calculate the optimal calculation method for measuring the amount of loss caused by trade secret infringement that best suits China's national conditions.
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The first paragraph of Article 7 stipulates that "if one of the acts provided for in Article 219 of the Criminal Law causes losses to the right holder of a trade secret in the amount of more than RMB 500,000, it shall be 'causing major losses to the right holder of a trade secret', and shall be sentenced to fixed-term imprisonment
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