(A) "environmental biocide" has been successful technology into the shares
Published: 2009-11-18 10:53:36 Source: KeYi network Browsing times 349
Core Tips:
green Environmental protection is a major concern of everyone in today's society, pollution-free vegetables, pollution-free food and so on have become the majority of people chasing the basic protection of health. In order to improve the quality of people's healthy life, expanding the health elements, science and technology network member Mr. Fang researched the "environmentally friendly biocide", the technology is mainly used in the production of pollution-free fruit tea, with the improvement of the quality of fruits, agricultural products to improve the value of the use of the economic value of the function of the protection of the ecological environment is of great significance.
Mr. Fang, in order to promote the technology to the whole country and realize the value of the technology, applied for the membership of the technology pass of KeYiNET. After a number of key publicity on the website, the demand side of the technology consultation is more, just yesterday, Mr. Fang said that the technology has successfully found the cooperation of the demand side. In order to understand the specific cooperation situation of the technology, the staff of the website made a return visit to Mr. Fang.
In the return visit, Mr. Fang said: the technology was successfully transferred in October 2009, the transfer of technology into the shares, due to the agreement, so it is not convenient to disclose the specific details of the transfer. But the technology is now in the pilot stage, after the pilot can be mass production.
The staff of the website congratulated Mr. Fong on his success and hoped that the technology of the website members could be transferred soon.
(2) Wuhan's new rules: intellectual property intangible assets up to 70%
Encouragement of enterprises to intellectual property intangible assets, intellectual property intangible assets accounted for the proportion of registered capital of up to 70%. Enterprises and institutions R & D costs to form intangible assets, intangible capital can be amortized at 150% before tax. Today (13), the reporter learned from the Wuhan Intellectual Property Office, "Wuhan City, the promotion of intellectual property rights in a number of provisions" (hereinafter referred to as "provisions") by the Wuhan Municipal People's Government announced, will be officially implemented on February 1, which is the first in the sub-provincial cities in the country.
The introduction of the "provisions" include the establishment of a sound coordination mechanism and policy system of intellectual property rights work,*** 34, fully absorbed the advanced experience of Shenzhen, Shanghai and other regions, some of the past only in the coastal cities can enjoy the relevant policies can be enjoyed in Wuhan.
"Provisions" also pointed out that, by the Wuhan Municipal Government to set up invention patent awards, design awards, well-known trademark awards, standard awards and other intellectual property rights special awards to encourage the creation and use of intellectual property rights. For the counterfeit or serious infringement of intellectual property rights of individuals or units, from the date of determination of three years shall not undertake government investment projects, not participate in government procurement activities, not in Wuhan City, to participate in similar exhibitions, and shall not be given to the government awards, grants, or honorary titles awarded to them.
(C) negative case together, can also prove that individuals with intellectual property rights, technology transfer or shares and other ways to obtain income
(of course, in an infringing manner to obtain the trade secrets of others should not be emulated)
Xuji v. Zheng students in possession of the unit's technical secrets at the price of shares in the production of Aitech company to produce similar products infringement of trade secrets compensation
Plaintiffs: Xuji Electric Company Limited (hereinafter referred to as Xuji Company).
Defendant: Zheng students, male, 33 years old, Luohe Aite electrical equipment Co.
Defendant: Luohe Aite Electrical Equipment Co.
December 10, 1984, the plaintiff XuJi company and Germany Siemens signed a "relay protection power line carrier equipment license rights and technical secrets contract", with more than 620,000 deutsche mark transferred Siemens relay protection and carrier technology. According to the contract, the plaintiff in May 1986 sent the defendant Zheng students and other company personnel to the Siemens Corporation for carrier technology training abroad. After the training, the plaintiff organized the scientific research personnel, including the defendant Zheng students, to carry out the localization of carrier wave machine technology development work. Zheng students as one of the project leader, participated in the development of ESB-500 single-sided power line carrier machine development work. 1992 January, the plaintiff's ESB-500 single-sided power line carrier machine technology results through the Ministry of Electrical and Mechanical Services, Ministry of Energy appraisal, and put into production. Because of the remarkable benefit of the product, on September 6, 1995, the plaintiff was awarded by the people's government of xuchang city. The plaintiff on the above technology and development of the technology and the development of the product of the technical information, process information and design drawings, etc., the confidentiality of the technology and secrets involved in the technology and technology disclosure and technology transfer to any unit and individual.
Defendant Zheng students in addition to one of the project leader to participate in the development of ESB-500 single-sided power line carrier, but also in February 1991 to April 1992 as the project leader, engaged in the plaintiff's YPC-500F6 remote protection signal audio transmission machine project technology development, and is responsible for the whole machine and the principle of audio transmission. Research and development, and is responsible for the machine and principle design. 1992 March 25, Zheng students and the plaintiff signed a 11-year "full labor contract," agreed that Zheng students should abide by national laws, regulations and units of the rules and regulations. 1994 October, Zheng students with its mastery of the power line carrier and remote protection signal audio transmission machine technology for 20% of the price. Signal audio transmission machine technology at a price of 200,000 yuan as shares, and Luohe Cigarette Factory and Zhang Mingliang applied for the establishment of the defendant Aite, and was elected as a director. In the company, in addition to Zheng students, no one else engaged in the power line carrier and remote protection signal audio transmission machine technology research work, the company also did not Xuji company's two products for the reverse engineering development. in February 1995, the company used Zheng students to provide the technology to produce SSB-2000 type power line carrier. In May 1995, Zheng students without approval to leave the company to work in the company's Aite. September 1995, Aite printed the company's communication products quotation, SSB-2000 type power line carrier average price of 45,700 yuan / unit. By the time of the lawsuit, AITE*** had produced 11 units of this product, valued at $502,700, with a profit of $186,300 based on an average profit margin of 37.06%. The product of AITE passed the inspection of the Quality Inspection Center of Power Line Carrier Machine of the Ministry of Electric Power Industry on July 28, 1996.
Xuji company found that the Aite company produced products, after to Aite company and Zheng students to stop the infringement of ineffective, then sued to the Xuchang Intermediate People's Court, said: Zheng students in my company during his tenure, mastered my company's power line carrier technology. However, during his term of office to master the technology for the price of shares, and other people set up the company, and illegal use of the technology for production. 1995 May, Zheng students AWOL, interrupted by its production tasks, resulting in the company 135,000 yuan of losses. The company knew that Zheng was our direct participation in the development of power line carrier, but disregarded the business ethics, the technology into the shares of the lure means, using Zheng's illegal provision of our company's technical secrets to produce power line carrier, infringement of our company's trade secrets. I request the court to order Zheng and AIT to stop the infringement and unfair competition, and to order Zheng to compensate for the loss of 135,000 yuan caused by the unilateral suspension of the labor contract, and the two defendants to be jointly and severally liable for the compensation, and to bear the obligation of confidentiality of our commercial secrets.
The defendant Zheng student did not reply.
The defendant Aite defense that the plaintiff prosecution does not accord with the facts, it did not infringe the plaintiff's trade secrets.
Trial proceedings, xuchang intermediate people's court should be the plaintiff's preservation of the application, extracted a prototype of the company, and commissioned experts on both sides of the parties to the production of products for technical appraisal, concluded that: the SSB-2000 power line carrier produced by the company and the plaintiff's production of the company's SSB-500 single-sided power line carrier machine. 500-type single-sided power line carrier compared with the plaintiff company in the mechanical structure of the equivalent of more than 15, of which the important parts of the IFC IF transmitter plug-in, IFR IF receiver plug-in IF filter, AGC frequency control plug-in frequency display and so on the same way. AIT products in the mechanical structure and some important parts of the use of the plaintiff's products of proprietary technology. The court also found that the plaintiff company for the case spent 2150 yuan of investigation fees, attorneys consulting agent fee 25,000 yuan.
Xuchang intermediate people's court that: the plaintiff Xuji company through the paid technology transfer contract, the German Siemens power line carrier production technology, and the technology for the localization of research and development, the production of ESB-500 type power line carrier products. The plaintiff did not in any way to a third party to transfer or publicize the product technology, and took a series of confidentiality measures, and for the plaintiff has brought certain economic benefits, the technology for the plaintiff's trade secrets, shall be protected by law. The defendant Zheng students use their positions to master the trade secrets, in violation of the plaintiff's confidentiality provisions, in the plaintiff's unit during the work of the technology for the capital investment in the formation of the company, and the technology will be transferred to the company to use the production of gratuitous sales, its behavior violates the "people's republic of china * * * and the state of the anti-unfair competition law" the provisions of the 10th, infringing on the plaintiff's lawful rights and interests. The defendant love the company knows the power line carrier technology for the plaintiff's technical secrets, but for the sake of commercial interests, the technology for the price of shares to induce the defendant zheng students will be the plaintiff's technical secrets, and the use of the technology to produce products for sale, belongs to the use of improper means of obtaining the right to the commercial secrets of the behavior. The plaintiff XuJi company request the defendant to stop the infringement, compensation for loss should be supported. The plaintiff requested to order the defendant Zheng students for unilateral suspension of labor contract on the plaintiff's losses, is the scope of labor disputes, should be dealt with in a separate case. According to the Chinese people's * * * and the general principles of civil law, article 118, the Chinese people's * * * and the law against unfair competition, article 10, article 20, paragraph 1, the court ruled on June 12, 1997:
a, the defendant Zheng students and the love of the company from the date of entry into force of the judgment to stop the infringement of the plaintiff shall not be used in the technology of the power line carrier for the production and business activities. And has been aware of the plaintiff's technical secrets bear the obligation of confidentiality.
Second, the two defendants jointly and severally compensation for the plaintiff's economic loss of 213,450 yuan.
Third, the plaintiff dismissed other claims.
The defendant Zheng students refused to accept the judgment of the first instance, appealed to the high people's court of henan province, claiming that: XuJi company purchased the Siemens technology has long been widely known, not constitute a trade secret. Love the company's products in principle using three times the adjustment technology, and XuJi company's products are different. My technical services and Aite's products and Xu Ji Company's technical secrets have no causal relationship, and asked for a change of judgment. Zheng students in the appeal, submitted Henan law firm in October 1997 commissioned four experts in Beijing on the AITE SSB-2000 power line carrier machine and Xuji ESB-500X single-sided power line carrier machine for comparison of the technical review opinion. The opinion that the power line carrier in the current has become specialized, series of general products, in 1992 there are corresponding monographs published. Therefore, commercially available series of products of various manufacturers will have a certain degree of similarity. SSB-2000 and ESB-500X type of power line carrier machine of the main technical content of the difference is large, belonging to a different era, different technical characteristics of the product.
Xuji company replied: my company to the introduction of technology by localization research success, reached the international advanced level, not known to the public, has the practicality, my company has also taken the necessary measures to protect the confidentiality, it is the company's commercial secrets, the right to use and transfer right belongs to my company. Zheng students for my company's technical personnel, the use of the company to provide a variety of conditions, involved in the development of the technology, the technology for the price of shares in the company and the production of products for sale, how can we say that there is no causal relationship between the two. Request to reject the appeal, maintain the original judgment.
Henan Provincial Higher People's Court, in addition to determining the first instance of the above facts, but also found that: the company produced 11 SSB-2000 power carrier, has been sold 6, sales of 168,000 yuan, profit of 62,160 yuan. Its quotation in the "company profile" that its products are widely absorbed foreign advanced technology (such as Germany Siemens, Switzerland ABB) on the basis of the specific requirements of the domestic power system developed. The court of first instance commissioned by the relevant experts to make the Xuji company products and love the company's products are the same technology of the identification of opinions also pointed out that the Xuji company's products are concentrated on the introduction of the advanced technology of Siemens, digested and absorbed after the localization of the power line carrier series of products of the unique style and know-how, and any other types of domestic power line carrier products, whether mechanical structure, or electrical performance Principle and other aspects are different. Appellant Zheng students submitted after the appeal of the Beijing expert evaluation based mainly on: ESB-500X-type single-sided power line carrier wiring diagrams manual, SSB-2000-type power line carrier technical instructions and SSB (SPC)-2000 carrier in kind; did not provide a full set of drawings of the two products, and did not provide a full set of drawings of the two products. Provide a full set of drawings of the two products and ESB-500X type machine in kind; provided SSB (SPC)-2000 type machine in kind, is not a court of first instance ruled that the preservation of the company's products.
Henan Provincial Higher People's Court that: XuJi company was allowed to Germany Siemens power line carrier technology, through the localization of the development and production of ESB-500 products, through the technical appraisal of the relevant departments, the performance of the international advanced level of similar products, and the technical achievements of the XuJi company. The technical results for the company has brought certain economic benefits, and by the company has taken the necessary confidentiality measures, has not been the company in any way ceded or public, for the company's commercial secrets, protected by law, any other person without the company's permission, may not be used or transferred. The appellant was Xuji company's technical personnel, the use of the conditions provided by the company, mastered the ESB-500 machine principle technology, the mastery of the technology belongs to Xuji company all, without the permission of Xuji company, the appellant shall not be used for individuals or other units. Appellant in xuji company during the period of participation in the formation of the company, and contrary to the confidentiality agreement with xuji company, the mastery of the technology for the price of shares, for the production of the company SSB-2000 power carrier, its behavior is the disclosure and use of xuji company's trade secrets, infringement of xuji company's legitimate rights and interests, shall bear to stop infringing the infringement of the compensation for damages of the Civil liability. The company knew that Zheng students are XuJi company master technical secrets of the working technicians, not by legal transfers, technology for shares to lure the appellant to XuJi company's technology for its production and sales of products, its behavior is unfair competition to obtain other people's trade secrets, and should be with the appellant *** with infringement of the civil liability. The first trial ordered the appellant and the company to stop the infringement and to compensate for the damages. The appellant claimed that the technology transferred to Xu Ji Company is public knowledge technology, not its trade secrets, its technology into the shares and the products of Aite Company and Xu Ji Company's technical secrets have no causal relationship with the grounds of appeal, because the fact that Xu Ji Company was transferred for a fee in itself shows that the technology was not a public knowledge technology at that time; Aite Company agreed to the appellant's shares of this technology for a price, but also shows that the technology is not a public knowledge technology at this time; the appellant would be XuJi company's technology for love company's product production, love company's products and XuJi company's technology between the formation of a necessary causal relationship, so the appellant the appeal is not established. As for the appellant in the appeal submitted to the expert evaluation opinion, because the evaluation opinion based on incomplete information, did not compare the two products of a full set of drawings, no XuJi company products in kind, provided by the company's products are not the product of the preservation of the company's products, so the evaluation opinion lack of objectivity and comparability, inadmissible. The first trial found that the company's infringement of the profits and XuJi company's loss is wrong, should be corrected. According to the Chinese people's *** and national civil procedure law, article 153, paragraph 1 (3) of the provisions of the court on March 27, 1998, the verdict:
a, maintain the first trial decision of the first and third, revoke the second.
Secondly, the appellant and Aite Company jointly and severally compensated Xu Ji Company for the economic loss of 62,160 yuan, to be fulfilled within 15 days after the entry into force of this judgment.
Analysis in the process of this case, the two sides of the litigation is the most heated debate, but also the case is the most critical basis for the case, mainly focused on the following three aspects:
a, the power line carrier production technology is not the plaintiff's XuJi commercial secrets of the "Chinese people's **** and the country against unfair competition law", article 10, paragraph 3, commercial secrets are not known to the public, can bring economic benefits for the right holder, and can bring economic benefits for the right holder, and can bring economic benefits for the right holder, and can bring economic benefits for the right holder, and can bring economic benefits for the right holder. Can bring economic benefits for the right holder, with practical and confidentiality measures taken by the right holder of technical information and business information. Technical information includes design, program, product formula, production process, production method and other information. If these information becomes a trade secret, in accordance with the above provisions, must have the following conditions: ① not known to the public, that is, the information can not be obtained directly from public channels; ② can bring economic benefits to the right holder, with the utility of the information has a certain applicability, can bring the right holder of the real or potential economic benefits or competitive advantage; ③ the right holder of the information to take confidentiality measures, including confidentiality agreements, the establishment of a confidentiality system, the right holder to take confidentiality measures. Including the conclusion of a confidentiality agreement, the establishment of a confidentiality system and other reasonable confidentiality measures.
In this case, the XuJi company paid by Siemens power line carrier technology, that is to say, the technology is not widely known technology; XuJi company through digestion and absorption, localization of research, development, make its products with unique style and proprietary technology, product performance has reached the international advanced level of similar products, whether mechanical structure or electrical performance principle, with any other type of domestic power line carrier products, compared with the other products, the company is the only company that has the right to use this information. Compared with any other types of power line carrier products, the product has its own unique process characteristics and technical know-how, which are fully affirmed in the product identification of the two ministries of the state and the expert group in the proceedings in the identification conclusion, which determines the technical achievements with the characteristics of the public is not known.
The technical achievements were put into production with remarkable effects and were rewarded by the local government in September 1995, which indicated that they were economically effective and practical.
In terms of confidentiality measures, Xuji has formulated confidentiality regulations, the scope of technical confidentiality, confidentiality measures are clearly defined. In the "labor contract" signed with the employees, including Zheng students, also made clear the discipline of confidentiality. All this shows that the company has taken the necessary measures to protect the confidentiality of the production technology results, including the power line carrier machine. The technical results have not in any way ceded or public, fully consistent with the characteristics of trade secrets, the court of first and second instance according to law that the technical results of the plaintiff XuJi company's trade secrets, is correct.
Second, the defendant Aite SSB-2000 power line carrier production technology is not the same with XuJi ESB-500 power line carrier production technology, the relationship between the original, the defendant's production technology is the same as the performance of the two sides identified, but also has a direct impact on the company's trade secrets. Whether the infringement of the determination.
"The Chinese people's *** and the state technology contract law" article 6 provides: "the implementation of the unit's task or the main use of the unit's material and technical conditions to complete the technical achievements, is the function of technical achievements. The right to use and transfer the technical achievements belongs to the unit." Carrying out the tasks of the unit includes the undertaking of scientific research and technological development topics of the unit by the active personnel; performing the duties of the post; and the continuing undertaking of scientific research and technological development topics of the unit or performing the duties of the original post by the retired, retired, or mobilized personnel within one year after they leave the original unit.
In this case, from the first and second trial of the facts and evidence, the defendant Zheng students in the plaintiff XuJi company's position is "power line carrier communication and electronic system automation" product development research, the use of XuJi company provides the conditions and job facilitation, master has ESB-500 machine technology. 500 machine technology. From the time of the technology to the defendant Aite company for the price of shares, its development of SSB-2000 type power line carrier machine is still in XuJi company work during the period, the development of SSB-2000 type power line carrier machine not only did not exceed its duties, and is the specific performance of its duties, its behavior is "The implementation of the unit's task" category, such as its technical results should also belong to the technical achievements, according to the law should belong to the XuJi company all. And in the process of litigation, the court of first instance by commissioning experts to ESB-500 type and SSB-2000 type power line carrier comparison identification shows that the company's products are basically equivalent to the company's products, the original, the defendant in the production of technology has the same nature.
Therefore, the case of the power line carrier technology, whether from the point of view of trade secrets, or from the point of view of the technical achievements, according to law should be attributed to XuJi company. The two courts accordingly found that the behavior of the two defendants constitute infringement, to bear the corresponding civil liability is correct.