Invading the business secrets of high -tech enterprises, punishment is punished!
Typical cases of Qingdao 1 case selected for the highest procuratorial intellectual property protection
Qingdao Daily/Guanhai News, April 25th. On April 25, the Supreme People’s Procuratorate issued a typical case of intellectual property protection of procuratorial organs.”People violated business secrets” were selected, and the case was the first of the city’s first -selected cases of intellectual property rights.
Qingdao Yunxian Material Technology Co., Ltd. (hereinafter referred to as Yunmou) is a key high -tech enterprise listed on the market.In order to overcome the defects and deficiencies of the production equipment for non -crystal belt materials, the company lasted for 8 years of technical research and development, and successfully improved core equipment such as spray trucks, crystallizers, and crystal grinding mechanisms.
From May to July 2016, the chairman of Zhejiang Zhaomou Co., Ltd. (hereinafter referred to as Zhaomou Company) and Fang Moujun, the actual controller, arranged the executives of Zhaomou, Yu Moukun and Zhang MouweiYunmou, Meng, and Jiang Moupeng, employees of Yunmou, have established contacts, attracting cash and high welfare benefits to induced, Meng Mou and Jiang Moupeng.The technical secrets related to the correction mechanism of device and crystal device.Zhaomou has established a new material Co., Ltd. (hereinafter referred to as Zhongxiang), Zhejiang, and plans to build a new production line of “Zhaomou Phase II” with illegal business secrets.In the rear, a monarch arranged Yu Moukun and Jiang Moupeng in the name of a company in the name of a company, and arranged for more than 10 operators from the Yunmou company to build the same new non -crystal strap as the Yunmou company.Material production line.The production line was launched after 2 months of trial operation, and the output products have not yet flowed into the market.
After being identified by the Judicial Appraisal Center of the Southwest University of Political Science and Law, the technical information contained in the spray car, crystal, and crystal device grinding mechanisms involved in the case involved in the case of Yun was non -public.Compared with the laptop computers, the electronic evidence drawings extracted from the mobile phone, the technical information in the on -site seizure of the on -site seizure of the mobile phone is compared with the 33 dense dots advocated by the company.EssenceAfter the value evaluation of Beijing Liancheng Assets Evaluation Co., Ltd., the technical secret research and development expenses were evaluated by RMB 4.07 million, and the license fee for Yunnan lost RMB 19.53 million.
[Performance of the procuratorial organs]
On June 2, 2017, after reporting the case, the Rightsman of the Qingdao Public Security Bureau (hereinafter referred to as Jimo Public Security Branch) of the Qingdao City Public Security Bureau of Shandong Province reported the case of the case of violations of the business secret case.On August 28th and November 28th of the year, he was arrested and brought to justice, and Yu Mou took the initiative to invest on September 11, 2017. After prosecution, Meng and Yu Moukun were prosecuted on April 23, 2018 and April 2020 respectively.On the 29th, Fang Moujun was arrested and brought to justice on April 22, 2020.The People’s Procuratorate of Jimo District of Qingdao (hereinafter referred to as Jimo District Procuratorate) was invited to discuss with the public security organs on issues such as business secrets and the amount of losses.In this case, the suspects were built after stealing business secrets, but the products produced have not yet flowed into the market. The procuratorate suggested that the amount of the loss of this case shall be determined by the use of commercial secrets.At the same time, in response to the situation where the legal representative of the infringing company refused to plead guilty, guided the public security organs to supplement evidence materials and comprehensively fixed evidence.
On September 30, December 14, 2017, May 28, 2021, the Jimo District Procuratorate approved the arrest of Jiang Moupeng, Zhang Mouwei, and Fang Moujun in accordance with the law.
From November 2017 to August 2021, Jimo Public Security Branch successively transferred to the Jimo District Procuratorate for review and prosecution with Jiang Moupeng, Yu Mou, Zhang Mouwei, Meng Mou, Yu Moukun, and Fang Moujun.The procuratorial organs focus on the following tasks: First, to carry out supplementary investigations and consolidate the evidence system.First of all, comprehensively review the case and dig deep into the mastermind behind him.The public security organs initially investigated only the employees of Yun Moupeng, Yu Mou, and Zhaomou, the employees of the company.After review, the technical staff of Yunmou, Meng Mou, Zhaomou and his actual controller Fang Moujun, and executive Yu Moukun were suspected of committing crimes, and then proposed the opinions of the public security organs to obtain evidence and obtaining evidence.Investigation.Secondly, carry out self -replenishment investigations and criminal prosecution units.The public security organs transferred the case as a crime of natural persons for review and prosecution. The procuratorial organs carried out their own reconciliation investigation and found that the case of Zhaomou, the company in this case, should be held criminally responsible for the company’s interest organizations, and then added the unit’s crimes in accordance with the law.The second is to accurately identify the losses of the right holder and determine the amount of crime.In this case, Zhaomou illegally obtained the business secrets of Yunmou Company and successfully built the same production line as the Yunmou company.The amount of the crime of this case is determined.In view of the fact that the business secrets have not been known to the public for criminal acts, and have not caused the value of the business secrets to be completely lost, it is not advisable to determine the amount of losses in the R & D cost of business secrets.After comprehensive research and judgment, the amount of losses in this case was finally determined by the business secret permit.After evaluation, the cost of the business secrets was RMB 19.53 million.The third is to improve confidentiality measures and strengthen the protection of business secrets.The technical information involved in the case proposed by the company has concerns about the risk of leakage risks in criminal proceedings.The scope of evidence and corresponding protection measures; separate and managed the technical data involved in the case separately, and requires the participants in the lawsuit to sign the confidentiality agreement; the procuratorial organs studies and formulate accurate evidence catalog according to the needs of expert witnesses. In principleIn the part, the “second leak” of the self -developed technology of the right holder is prevented.The fourth is the proposal of making procuratorials to comprehensively strengthen the comprehensive judicial protection of intellectual property rights.The procuratorial organs have visited investigations twice and delivered to procuratorial suggestions to rights enterprises to promote the system to block the loopholes of intellectual property protection. The company has established a long -term effective secret -related management system and confidential education mechanism.At the same time, the procuratorial organs regularly go to the enterprise to conduct law lectures, promote corporate compliance management, and achieve good social governance results.
From June 2018 to November 2021, Jimo District Procuratorate has brought the defendant Jiang Moupeng, Yu Mou, Meng Mou, Zhang Mouwei, Fang Moujun, Yu Moukun and the defendant unit Zhao Mou, with the crime of infringing business secrets.public prosecution.From November 2018 to December 2022, the Qingdao People’s Court adopted the prosecutor’s prosecution opinions and sentencing suggestions, and sentenced the defendant to the defendant’s unit Zhaomou company to a fine of RMB 3 million with the crime of infringement of commercial secrets., Yu Moukun, Jiang Moupeng, and Zhang Mouwei ranging from three to five years in prison, and fined RMB 1 million to two million yuan;, One year of probation and fined RMB 50,000.Some defendants did not accept the judgment of the first instance to appeal. On April 18, 2019 and May 4, 2023, the Qingdao Intermediate People’s Court ruled that the appeal was rejected and the original sentence was maintained.
【Typical meaning】
Prosecution and violation of the criminal criminals and units crimes behind the crime of commercial secrets in accordance with the law.The procuratorial organs comprehensively use major difficult cases to listen to opinions and supplement their own investigations to implement the mechanism of investigation, supervision and collaboration, and consolidate the evidence system.While the procuratorial organs filed a public prosecution against the “inner ghost” of the right holder, they continued to dig out thorough investigations, successfully prosecuted the mastermind of business secret crimes, and added the units to crimes in accordance with the law.The procuratorial organs insist on fighting the full chain of the crime of violating business secrets, from behind -the -scenes the main envoys to lure contacts, to the stolen technical secrets of the technical secrets, all of which have been legal sanctions.
The calculation method of accurate application of the losses of the right holder determines the specific amount.In judicial practice, the circumstances that violate business secret crimes are more complicated. The identification of the amount of crime shall be distinguished from different circumstances to adopt corresponding calculation methods.The procuratorial organs have conducted in -depth research and judgment to comprehensively review whether the commercial secrets involved in the case are known for the public’s knowledge of the public due to criminal acts, whether the commercial secrets stolen by the infringer are put into production, whether the product flows into the market, and whether there is a sales amount, etc.Accurately identify the amount of crime.
Comprehensively judge the “second leak” risk point of business secrets in the process of criminal proceedings, and strengthen the entire process of protection of confidential evidence.In the case of violations of business secrets, the right holder is often worried that “secondary leaks” will occur during criminal proceedings.When the procuratorial organs handle this type of case, in response to the specific situation, they fully listen to corporate opinions, comprehensively sort out the leakage risk points in the process of criminal proceedings, and formulate protection measures in a targeted manner.Reduction the risks leaked in the business secrets involved in the ground, and provide enterprises with accurate legal services.(Qingdao Daily/Guanhai Journalist Dai Qian Correspondent Bai Shuwen Li Weidong)