Caiyan's trade secret infringement case, which has

2022-07-24
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The trial of Caiyan's trade secret infringement case for six years has a final result

the trial of Caiyan's trade secret infringement case for six years has a final result

november20,2006

"Caiyan company" has recently become a postdoctoral research station in Guangdong Province. The picture shows the listing ceremony

(view all pictures of Chinese coatings)

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after the Xinhui people's court The intermediate people's Court of Jiangmen City and the third level court of Guangdong Provincial Higher People's court tried the case involving infringement of the technology and trade secrets of Guangdong Caiyan Co., Ltd. (hereinafter referred to as "Caiyan company") from criminal prosecution to civil claims for six years. Recently, the final result was obtained

recently, the provincial high court made a judgment rejecting Liang × The appeal of Jiang and other five people upheld the civil judgment of the first instance of Jiangmen intermediate people's court and ordered Liang × Jiang and other five infringers immediately stopped infringing the technology and trade secrets of Caiyan company; Compensate Caiyan company for economic losses of more than 808000 yuan; And responsible for the first instance appraisal fee of 40000 yuan, litigation fee and property preservation fee of more than 13000 yuan; It will also bear the second instance acceptance fee of 10010 yuan. In addition, beam × Jiang et al. Were fined 50000 yuan and confiscated more than 150000 yuan worth of infringing products and raw materials and turned over to the State Treasury (effective) for committing the crime of infringing trade secrets in the first and final criminal prosecution of the same case

the case has been tried for six years with twists and turns.

the case was disclosed. In march2000, Caiyan company found Liang × The Xinhui Shuangshui Xincai fine chemical plant (hereinafter referred to as "Xincai plant") jointly run by Jiang and other five people is suspected of infringing on the company's technical and trade secrets. It produces a large number of similar resin powder coatings with the same spectrum curve and formula as Caiyan company, and dumps them to the original customers of Caiyan company at a low price, causing Caiyan company's major economic losses by comparing its corresponding melting action, tox, OIT with the reference value of the brand new plastic bottle. Caiyan company immediately reported to Xinhui Public Security Bureau

Xinhui public security branch accepted the case and found it after investigation, Liang × Jiang was suspected of committing a major crime, and on march28,2000, after mastering conclusive evidence, he arrested Liang × Jiang criminal detention. On July 12 of the same year, Liang was approved for arrest × River. Xinhui public security branch investigation confirmed that Liang × Jiang Yuan is the deputy section chief of the powder coating business department of Caiyan company. He has signed a technical confidentiality agreement with Caiyan company because he has mastered the trade secrets of the company's technology, formula and customer information for manufacturing resin powder coating. From June1999 to 2000, Liang × Jiang and Tan ×、 yellow × They established a new color factory in partnership with Caiyan, violated the technical confidentiality agreement signed with Caiyan company in recent years, used the technical formula, customer list and other trade secrets obtained during their work in Caiyan company, illegally mass produced the same type of resin powder coating as Caiyan company, and dumped more than 1.36 million yuan at low prices to 15 original customers of Caiyan company, resulting in economic losses of nearly 1.1 million yuan. Xinhui procuratorate hereby filed a public prosecution to Xinhui Court on may18,2001. After hearing the case, the Xinhui court made a criminal judgment on november7,2001, affirming that Liang × Jiang commits the crime of infringing trade secrets. beam × Jiang refused to accept and appealed. After hearing the case by Jiangmen intermediate people's court, he made the final criminal judgment on may17,2002: Liang × Jiang committed the crime of infringing trade secrets and was fined 50000 yuan. His infringing products and raw materials were confiscated and turned over to the state treasury

Caiyan company immediately filed a civil lawsuit with the Xinhui Court on july31,2002, requesting that Xincai factory and Liang × Jiang and other five people stopped infringing the plaintiff's trade secrets and compensated the economic losses caused by infringing the plaintiff's trade secrets by more than 1.54 million yuan. Later, six defendants raised objections to jurisdiction, and the case was transferred to Jiangmen intermediate people's court for jurisdiction. After trial, Jiangmen intermediate people's court made a civil first instance judgment on december19,2003, confirming that Liang × Jiang and other five defendants were the real infringers of the trade secrets of Caiyan company, and Xincai factory was not the infringer. According to the law, the five defendants were ordered to immediately stop infringing the trade secrets of Caiyan company; Compensate Caiyan company 808457.56 yuan, and bear the case acceptance fee, property preservation fee and appraisal fee of 53036.5 yuan. beam × Jiang and other five people refused to accept the decision. On june1,2004, they appealed to the Guangdong Higher People's Court on the grounds of improper application of law in the first instance judgment and wrong determination of facts, requesting the court of second instance to revoke the first instance judgment and reject the claim of Caiyan company. After the trial, the provincial high court found that the facts identified in the original judgment were true and the law was properly applied, and recently rejected Liang × Jiang and other five people appealed and upheld the original judgment; Case acceptance fee Youliang × The final judgment undertaken by Jiang and other five appellants

lawyer: an example of an enterprise's effective protection of trade secrets

the author interviewed luzeming, director and senior lawyer of Jiangmen branch of Guangdong Tiansheng law firm, on how to better protect trade secrets

lawyer Lu believes that in this case, Caiyan company has established a perfect confidentiality system and implemented effective confidentiality measures; Therefore, although the trade secret was seriously infringed, it was finally stopped in time and received due compensation. This provides an example for our enterprises to protect trade secrets in the future. At present, many domestic enterprises generally have a weak awareness of trade secret protection and lack of trade secret protection, which has become the first protection system of 14 bases ranking B. Therefore, the enterprise should establish a complete set of trade secret strategic management system under the guidance of professionals, and designate special personnel to implement the above management system. For example, determine the scope of trade secrets and formulate internal confidentiality rules; Sign confidentiality agreements with employees or other people who have business contacts; Establish monitoring facilities for entering trade secret areas, etc

then, what should the obligee do after discovering that the trade secret has been infringed? Lawyer Lu suggested that the enterprise should promptly file a complaint with the Administration for Industry and commerce or bring a lawsuit to the people's court. In this way, the industrial and commercial departments and the people's courts can take effective measures to stop the further spread of "secrets" in a timely manner, preserve and obtain evidence in a timely manner, and more effectively safeguard the legitimate rights and interests of obligees. (Huang Shaowei, correspondent of this edition)

comments

revelation of "Caiyan" winning the lawsuit

after six years of long and tortuous litigation, Guangdong Caiyan Co., Ltd. finally won the lawsuit of infringement of technical and trade secrets, which has aroused widespread concern from all walks of life. In the interview, the author thinks that this case has brought people the following three inspirations:

one of the Inspirations: in order to make improper profits, infringement cases of technology and trade secrets occur frequently. Taking Caiyan as an example, the company is one of the first batch of high-tech enterprises recognized by the Guangdong provincial government. Recently, it was approved by the Provincial Personnel Department to establish a postdoctoral research workstation. Over the years, taking science and technology as the primary productive force, the company has continuously invested huge sums of money to cultivate and introduce high-tech and management talents in various fields. It has developed many new products that fill the domestic gap, have high added value and good market, and has achieved remarkable economic and social benefits. It has also continued to expand into a large-scale private enterprise with diversified development, integrating textile and chemical fiber, advanced plastics, biological food, fine chemicals and other manufacturing industries, Become a leading enterprise in local system innovation, technology innovation and product innovation

however, the business competition is hard to avoid. Some opportunists and unscrupulous businessmen see that "Caiyan" products are selling well. They are reckless about the huge resources paid by others in the development. They are eager to get rich and forget their righteousness. In order to make improper profits, they do not hesitate to take risks and commit crimes against the wind. Since the late 1990s, the cases of obtaining, stealing and infringing the "Caiyan" technology and trade secrets have been staged again and again, including the technical formulas, customer information, registered trademarks or outer packaging patents of many well-known series of products, such as fiber masterbatch, powder coating, Liangguo Cordyceps, etc. According to the facts of the case, some of the infringers are not only like this, but also deliberately "near the famous brand" or "Xinyan" or "Xincai" in the naming of their infringing enterprises, so as to confuse and mislead the new and old customers of "Caiyan" and make them think that they are the abbreviation of Xinhui Caiyan, thus enabling them to succeed in the trick of dumping infringing products at a low price and causing huge economic losses to "Caiyan". It can be seen that these infringers knowingly and deliberately commit crimes. In the final analysis, they are driven by unjust profits. In fact, not only "Caiyan", "Weida", "Tengfei water heater", "Dayou Liangguo", "Xinkang Cordyceps" and other well-known brands have also encountered infringement "hackers" successively. If the infringer is allowed to succeed, the huge amount of money and efforts invested by the infringed enterprise in product development will be paid. Who dares to innovate again? The "promoting independent innovation and building an innovative Guangdong" emphasized by the provincial Party committee and the provincial government has become empty talk

revelation 2: all levels have attached great importance to it, continuously strengthened law enforcement to protect technology and trade secrets, and created a good market competition environment

the frequent cases of infringing trade secrets of law-abiding enterprises have attracted great attention from the central and local governments. In addition to formulating the Anti Unfair Competition Law of the people's Republic of China, the National People's Congress has also added new provisions on infringing trade secrets to the newly revised and implemented criminal law of the people's Republic of China, providing a legal basis for protecting trade secrets and combating infringement. Recently, the policy on security protection measures for preferential policies to promote self-reliance and innovation (Draft for comments) drafted by the governments of Guangdong Province and Jiangmen City respectively clearly set out the provisions of "strengthening law enforcement to protect intellectual property rights, strengthening the protection of registered trademarks, patents, copyrights and trade secrets, and severely cracking down on all kinds of violations of intellectual property rights". Political and legal organs at all levels also attached great importance to it, strictly enforced the law, and cracked down on infringers according to law. For example, two criminals who infringed the trade secret of "Caiyan" masterbatch products were sentenced to two years' imprisonment respectively, those who infringed the patent of Xinkang Cordyceps outer packaging were investigated and punished, and five defendants in this case were fined, sentenced to compensation, and confiscated raw materials, which played a certain role in scaring the infringers

revelation 3: improve the operators' awareness of legal protection, dare and be good at using the law as a weapon to safeguard their legitimate rights and interests. It should be emphasized that the winning and "Caiyan" of this case have advanced awareness of self legal protection, and it is very critical to dare and be good at fighting a lawsuit to safeguard the legitimate rights and interests of the enterprise. As early as the 1990s, "Caiyan" signed technology and confidentiality agreements with relevant personnel, successively formulated enterprise rules and regulations in line with relevant laws and regulations, and hired full-time legal consultants to strengthen the prevention, control and protection of the enterprise's technology and trade secrets. Moreover, it was not afraid of trouble to find, report, Sue and win one infringement case, making it difficult for infringers to benefit from the infringement, And subject to legal sanctions. It can be seen that only when enterprises in the whole society improve their legal awareness and operate in compliance with the law, and dare to fight against infringers on the basis of self-protection, can they not only effectively protect the legitimate rights and interests of enterprises, but also gradually form a good market order of fair competition and a good atmosphere of operation in compliance with the law in the whole society

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