Let's take a look at this typical case selected by the Shenzhen court
👇👇
"Have guest more" small program source code technical secrets infringement case
[Shenzhen Flower Bloom Network Technology Co., LTD., Zhejiang Panxing Suizhi Technology Co., LTD., Zhejiang Panshi Information Technology Co., LTD. Infringement of technical secrets dispute]
Flower Bloom company for "you guest" small program source code technical secrets of the right holder. The company claimed that after Panxing signed the "Flower Blossom Source Code License Contract" and obtained the software source code in accordance with the contract, it violated the confidentiality obligation stipulated in the contract and disclosed the source code on a public website, so it filed a lawsuit with the Intermediate People's Court of Shenzhen, Guangdong Province. Request to order Panxing Company and its sole shareholder Panshi Company to compensate for economic losses of more than 50 million yuan and eliminate the impact. The court of first instance decided that Panxing Company and Panshi Company should pay 5 million yuan in damages. Flower blossom company, Panxing company, Panshi company are not satisfied with the appeal. The second instance of the Supreme People's Court held that the software source code involved in the case constitutes a technical secret, and the behavior of Panxing company disclosing the software source code involved in the case constitutes an infringement of technical secret; In the appraisal opinions issued by the appraisal agency unilaterally entrusted by the Flower Bloom Company on the commercial value of the technical secrets involved in the case, many data are doubtful and should not be accepted; Taking into account factors such as the research and development cost of the technical secret involved, the income from the implementation of the technical secret, the available benefits, and the time to maintain a competitive advantage, the amount of damages determined by the court of first instance is not obviously improper. The appeal was dismissed and the original judgment upheld.
In the case of infringement of technical secrets clearly involving illegal disclosure, the amount of damages shall be determined on the basis of the commercial value of the disclosed technical secrets, taking into account the specific circumstances of the case. There are many ways to determine the commercial value of technical secrets, and this case further clarified the comprehensive consideration factors for determining the commercial value of technical secrets when it is difficult to accept the relevant appraisal opinions. Source: Supreme People's Court wechat
More intellectual property information and services
The official subscription number of "Deep Trusted Intellectual Property Rights" on the code
More deeply trusted authorization cases, dynamic news, important data/reports
Code on the concern [deep trusted intellectual property service platform] official service number
Related Cases
1, satellite navigation chip invention patent infringement case 2, "artificial bone" technology investment patent rights case 3, gene fingerprint detection of new varieties of plants 4, "tower granulation production particle compound fertilizer" invention patent infringement case 5, divided case application patent temporary protection fee case 6, involving criminal and civil cross technical secrets infringement case 7, Innovation "double cycle, multiple rounds" identification computer software infringement case 8, "You Manager" wechat marketing software unfair competition case 9, "Takeup switching device" service invention patent application right case 10, German enterprise "modified polyisocyanate" invention patent infringement case
2023-03-01
Guangdong High Court issued six typical cases of intellectual property crimes
Typical criminal cases of intellectual property rights in Guangdong courts 1, Yan and others counterfeiting registered trademarks - punishing the trademark crime of "second-hand refurbished" electrical appliances disguised as "original genuine products" 2, Yang Moumou, Wang Mou copyright infringement case - Combating the crime of online film and television works piracy 3, PI Moumou trade secret infringement case - Punishing the crime of former employees violating the technical secrets of the original enterprise Four, Dong Mou and others counterfeit registered trademark case - severely punish the crime of manufacturing and selling counterfeit registered trademark masks Five, Wang Mou's sale of counterfeit registered trademark case - Combat electric bullet window new form of trademark crime Six, Gao Mou repeatedly sold counterfeit registered trademark case - punish the trademark crime of live broadcasting with goods to know fake sales
2023-01-04
Recently, the core source micro announcement said that the company received compensation for the protection of trade secrets 40 million yuan, the two sides agreed on a total compensation of 60 million yuan, and the subsequent 20 million yuan to meet certain conditions to pay. During the trial of the case, forced by legal deterrence, Company A took the initiative to contact our company and was willing to make cash compensation for its infringement. After negotiation, the two sides reached a Criminal Settlement Agreement. According to the settlement agreement, Company A will voluntarily pay a total of 60 million yuan in cash compensation for its violation of our company's trade secrets, which will be paid in four installments with conditions attached to each phase.
2022-10-28
Us Steel and Baosteel 337 investigation
In May 2016, more than 40 Chinese steel companies, such as Baosteel and Shougang, launched a 337 investigation against carbon steel and alloy steel imported from China to the United States. From anti-monopoly, infringement of trade secrets, fictitious origin and other three aspects of the Chinese steel enterprises accused.
2021-08-31
Telephone：
Telephone：+86-755-82566227、82566717、13751089600
Head Office：13 / F, Building 14, Longhua Science and Technology Innovation Center (Mission Hills), No. 8 Golf Avenue, Guanlan Street, Longhua District, Shenzhen
Head Office：
13 / F, Building 14, Longhua Science and Technology Innovation Center (Mission Hills), No. 8 Golf Avenue, Guanlan Street, Longhua District, Shenzhen
Subsidiary Company：2808, Block B2, Yuexiu Xinghui Junbo, No.18 Tazihu East Road, Jiangan District, Wuhan City, Hubei Province
Subsidiary Company：
2808, Block B2, Yuexiu Xinghui Junbo, No.18 Tazihu East Road, Jiangan District, Wuhan City, Hubei Province
Service Number
Subscription Number
Copyright ©2016 Shenzhen Shenkexin patent Agency Co., LTD All rights reserved | 粤ICP备2021174526号
Copyright ©2016 深圳市深可信专利代理有限公司 版权所有 | 粤ICP备2021174526号 SEO标签
Copyright ©2016 深圳市深可信专利代理有限公司 版权所有
