The Supreme People's Court and the Supreme People's Procuratorate recently issued judicial interpretations, which clarify the criteria for conviction and sentencing of infringement of trade secrets. This explanation on several issues related to the application of laws in handling criminal cases of intellectual property infringement clarifies that the threshold for the crime of infringing trade secrets is "serious circumstances", which means that the amount of losses or illegal gains caused is "more than 300000 yuan". If a criminal or administrative penalty is imposed again within two years for infringing on trade secrets, the amount shall be reduced to "over 100000 yuan". Judicial interpretations clarify that in determining the amount of losses, it is necessary to distinguish the degree of social harm caused by different behaviors and establish different criteria for determination. For those who obtain trade secrets through improper means such as theft, the social harm is significant, and the loss can be determined based on the reasonable licensing fee for trade secrets, without requiring actual use of trade secrets. Regarding the determination of the amount of illegal gains, judicial interpretations stipulate that the value of property or other property benefits obtained from disclosing or allowing others to use trade secrets can be directly recognized as illegal gains. The profits obtained from the use of trade secrets can also be considered illegal gains, which are determined by multiplying the sales volume of infringing products by the reasonable profit of each infringing product. (New Society)