Standard Technical Non-Disclosure Provisions in Chinese Employment Agreements
PRC technical non-disclosure provisions demand explicit technical schedules, notarized evidence preservation, and mandatory non-compete payout interlocks.
Article 219 PRC Criminal Law
Meaning
Statutory provision governing the criminalization of trade secret theft and misappropriation within the People’s Republic of China. Misappropriation of technical information falls under specific criminal definitions. Article 219 prc criminal law defines the elements of trade secret infringement, focusing on the acquisition of technical or business information through improper means.
The law covers acts such as theft or bribery, as well as the disclosure of secrets obtained in violation of a confidentiality agreement. Liability extends to third parties who obtain or use secrets while knowing they were acquired illegally.
Enforcement Threshold
Judicial interpretations establish the monetary levels required for prosecution. For article 219 prc criminal law to trigger a police investigation, the economic loss must typically exceed five hundred thousand yuan. This threshold provides a clear boundary between civil disputes and criminal liability.
Specific circumstances such as the bankruptcy of the victim or the use of the secret for national security purposes can lower these requirements.
Prosecutorial Burden
Evidence must demonstrate both the existence of a non-public secret and the specific method of misappropriation. Cases involving article 219 prc criminal law require proof that the owner took reasonable measures to protect the information. Forensic audits often determine the valuation of the loss.
Statutory Penalty
Convictions result in fixed-term imprisonment or criminal detention depending on the severity of the circumstances. Under article 219 prc criminal law, the court may also impose a fine in addition to or instead of a prison sentence. Heavy sentences apply when the infringement causes particularly serious consequences for the victim.