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How to bear liability for breach of contract in case of disclosure of trade secrets

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How to bear liability for breach of contract in case of disclosure of trade secrets


        

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  • 2024-06-06 06:00:00

    First of all, trade secrets refer to technical information, business information and other business information that are not known to the public, have commercial value and have been taken corresponding confidentiality measures by the obligee.

    Secondly, the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party in accordance with the circumstances of the breach, and may also agree on the calculation method of the amount of compensation for losses arising from the breach.

    Thirdly, if the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are too high than the losses caused, the people's court or arbitration institution may, at the request of the parties, appropriately reduce them.

    Finally, if the business operator maliciously infringes on trade secrets and the circumstances are serious, the compensation base shall be determined according to the actual losses suffered by the infringed; If it is difficult to calculate the actual loss, the amount of compensation shall be determined according to the benefits obtained by the infringer due to the infringement, and on this basis, the amount of compensation shall be determined between one time and five times the amount of compensation. The amount of compensation shall also include the reasonable expenses paid by the operator to stop the infringement.

    [Legal Basis]

    In Article 585 of the Civil Code of the People's Republic of China, the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, or may agree on the calculation method of the amount of compensation for losses arising from the breach.

    I***

    2024-06-06 06:00:00

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