What is the definition of trade secret?

The definition of trade secret is: trade secret refers to technical information and business information that is unknown to the public, can bring economic benefits to the obligee, is practical and has been kept secret by the obligee.

Scope: Trade secrets include technical secrets and trade secrets. Technical secret refers to the trade secret of technical information, and trade secret refers to the information that can bring competitive advantage to the obligee and is used for business operation.

Circumstances of the crime of infringing copyright:

1. Reproduction and distribution of written works, music, fine arts, audio-visual works, computer software and other works stipulated by laws and administrative regulations to the public through information networks without the permission of the copyright owner;

2. Publishing books that others enjoy exclusive publishing rights;

3. Reproduction, distribution and dissemination of audio and video products made by the producer to the public through the information network without the permission of the producer;

4. Reproduction and distribution of audio-visual products of their performances without the permission of performers, or dissemination of their performances to the public through information networks;

5. Making or selling works of art with forged signatures;

6. Without the permission of the copyright owner or copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect copyright or copyright-related rights for his works, audio and video products, etc.

To sum up, for the purpose of making profits, whoever commits the following acts that infringe on copyright or copyright-related rights, and the amount of illegal income is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Legal basis:

Article 2 19 of the Criminal Code of People's Republic of China (PRC).

The crime of infringing on business secrets has one of the following acts of infringing on business secrets, and if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined:

(1) Obtaining the business secrets of the obligee by theft, bribery, fraud, coercion, electronic intrusion or other improper means;

(2) disclosing, using or allowing others to use the business secrets of the obligee obtained by means of the preceding paragraph;

(3) disclosing, using or allowing others to use the business secrets in their possession in violation of the confidentiality obligation or the obligee's requirements on keeping business secrets.

Anyone who knowingly obtains, discloses, uses or allows others to use trade secrets in the acts listed in the preceding paragraph shall be regarded as infringing on the theory of trade secrets.

The obligee mentioned in this article refers to the owner of the trade secret and the user of the trade secret with the permission of the owner.