China News Service, September 18, According to the Supreme People’s Procuratorate’s WeChat official account, the Supreme People’s Procuratorate and the Ministry of Public Security recently issued the "Decision of the Supreme People’s Procuratorate’s Ministry of Public Security on Revising the Prosecution Standards for Criminal Cases of Commercial Secret Infringement."

It mentioned that the case should be filed for prosecution in cases where the amount of illegal gains from infringement of trade secrets is more than 300,000 yuan.

  details as follows:

Decision of the Supreme People’s Procuratorate of the Ministry of Public Security on Amending the Prosecution Standards for Criminal Cases of Commercial Secret Infringement

  In order to punish crimes of infringement of trade secrets in accordance with the law, strengthen the criminal justice protection of intellectual property rights, and maintain the order of the socialist market economy, the Supreme People’s Procuratorate and the Ministry of Public Security Regulations on Prosecution Standards for Criminal Cases Under the Jurisdiction of Public Security Organs (2)" Article 73 The standard for filing and prosecution of criminal cases of infringement of commercial secrets is revised to: [Infringement of commercial secrets (Criminal Law Article 219)] Infringement of commercial secrets and suspected of any of the following circumstances shall be filed for prosecution:

  (1) The amount of losses caused to the owner of a trade secret is more than 300,000 yuan;

  (2) The amount of illegal income from infringement of trade secrets is more than 300,000 yuan;

  (3) Directly leading to the bankruptcy or bankruptcy of the owner of the trade secret due to major business difficulties;

  (4) Other situations that cause major losses to the owners of trade secrets.

  The amount of losses or illegal gains specified in the preceding paragraph may be determined in the following ways:

  (1) Where the trade secret of the right holder is obtained by improper means, and the amount of loss has not been disclosed, used or permitted to be used by others, the amount of loss may be determined based on the reasonable license fee for the trade secret;

  (2) Where the right holder’s trade secrets are obtained by improper means, the amount of loss can be determined based on the loss of the right holder’s sales profits caused by the infringement, but the amount of loss is less than the trade secret’s reasonable permission The use fee shall be determined based on the reasonable license use fee;

  (3) Where the right holder violates the agreement or the right holder’s requirements for keeping business secrets, disclosing, using or allowing others to use the trade secrets in his possession, the amount of loss may be determined based on the right holder’s loss of sales profits due to the infringement;

  (4) Knowing that the trade secret was obtained by improper means or violated the agreement, the right holder’s requirements for the protection of trade secrets are disclosed, used, and allowed to be used, but still obtain, use or disclose, the amount of loss may be based on the right holder’s infringement caused by the sale The loss of profits is determined;

  (5) Where a trade secret has become known to the public or has been lost due to an infringement of a trade secret, the amount of loss may be determined based on the commercial value of the trade secret.

The commercial value of a trade secret can be comprehensively determined based on the research and development costs of the trade secret and the benefits of implementing the trade secret;

  (6) Property or other property benefits obtained by disclosing or allowing others to use trade secrets shall be deemed illegal income.

  The loss of sales profits caused by the infringement of the right holder as specified in the second, third, and fourth items of the preceding paragraph can be determined by multiplying the total amount of sales reduction caused by the infringement by the right holder by the reasonable profit of each product of the right holder ; If the total number of sales reductions cannot be determined, it can be determined by multiplying the sales volume of the infringing product by the right owner’s reasonable profit per product; where the right holder’s total sales reduction due to infringement and the reasonable profit of each product cannot be determined It can be determined by multiplying the sales volume of infringing products by the reasonable profit of each infringing product.

Where a trade secret is used in other business activities such as services, the amount of loss can be determined based on the reasonable profit reduced by the right holder due to the infringement.

  The remedial expenses paid by the owner of a trade secret to reduce the loss of business operations or business plans or restore the security of computer information systems and other systems shall be included in the loss caused to the owner of the trade secret.