On the morning of 25 november, grant publicly accused the xinbao shares (002705. Sz) and associated companies of violating the commercial secrets of their magnetic tube manufacture, in the form of an online seminar on the protection of commercial secrets in the new context. The civil complaint filed by grant has been filed。
In response, shinbao responded to the first financial reporter that, according to its product catalogue, it had not been microwaved and could not be used as a magnetic tube。
Magnetic tubes are the core components of the microwave, and grant has been able to control their manufacturing since 2000. According to grace, the xinbao shares and associated companies, such as the power, meg and its legal representative, liu xenbo, illegally acquired, disclosed, and used commercial secrets manufactured from the granher magnets, ranging from product technology, production equipment, rigging to the production process, with full replication。
The individuals involved were both former employees of the grant and core staff of the ministry of technology. Liu seinbo took over in july 2000 as deputy chief of the integrated management section and head of the technical engineering section of the department of magnetic control manufacturing in granshe. In january 2017, liu gingbo resigned on the grounds that he was returning home, and several other core technicians from the granshe magnetic controls were separated. After liu's departure, a third person was used in early 2017 to register mig electronics ltd. (meg) in nakayama city, mainly for the production of magnetic tubes, all of which were eventually supplied directly to sino-hashiro electrics ltd。
From business information, meg is a powerful wholly-owned subsidiary. Tort-created magnetic controls were marked with the trademark “sunbow” of guangdong new jewellery, inc., and the name of the english company with the words “xin bao electronic equipments co., ltd.”, the shares of the new treasure were associated with the powerful company (which had no direct equity relationship, and the eastern diamond electric group, ltd., was 25. 18 per cent of the shares of the shares), and the legal representatives of the shares of the new treasure, together with the legal representatives of guo jiang。
Grants suspected that the magnetic controls produced by meg might have produced the corresponding magnetic controls using technical information from the magnetic controls that were taken from grantes, and then she fixed the powerful microwaves (which contained the magnetic controls parts that meg sold to power) through notarized purchases, and validated the notarized magnetic control components. According to the results of the study, the magnetic controls produced by meg, as well as the production equipment used, the rigging, the manufacturing process, etc., are suspected of violating the technical secret information of grant。
In july of this year, grant reported to the public security authorities and obtained a case, in which no other products, equipment or property were seized or seized, except for dozens of finished magnetic tubes and a set of spare parts. The equipment required for case identification was also not seized and handed over to a third party body for identification。
As a result of the continued production of alleged violators and the signs of scaling up, in october of this year grenth filed a civil suit with the guangzhou court of intellectual property rights, bringing suit against xinbao, power, meg, liu and sing bo for cessation of the violation and compensation for damages. Civil proceedings have been approved by the guangzhou intellectual property court。
Professor li sun-de, vice-president and secretary-general of the institute of intellectual property studies of the chinese society of law, research fellow at the institute of legal studies of the chinese academy of social sciences and doctoral student, said that in april 2019 china had amended the law on anti-improper competition to improve the provisions for the protection of commercial secrets. The threshold for finding criminal responsibility for violations of commercial secrets has been lowered from $500,000 to $300,000。
According to lee sun-de, it would be feasible for the court to order a temporary suspension of the relevant commercial secrets against eligible malicious infringers, as temporary suspension is one of the most powerful protective measures. This will be done on the basis of specific cases, evidence and requests from the prosecution. The courts are now cautious about the use of measures such as “temporary suspension”, since they are more careful because of previous errors, some constituting commercial secrets but not violations, others constituting violations but not criminal liability, which have attracted the attention and redress of the supreme people's court. Indeed, it is essential that the correct understanding and grasp of the antimonopoly act and the anti-improper competition act are capable of protecting business secrets and promoting competition in the market。
It is a matter of concern that both grant and xinbao shares are small western power exporters of china's champions based in sundh. The value of the microwave exports alone is close to rmb 6 billion a year. During the first three quarters of this year, the sino-boo share earned $9,115 million, of which the export earnings increased by 25 per cent over the same period. Previously, the new treasure shares had been dominated by coffee machines, hot pots and so on, and grantes by microwaves, and now, as the business of the two enterprises expanded and their areas of competition expanded, she was also actively developing the west-style electricity market domestically。
