LONGAN LAW FIRMLođăng ký 8xbetn News
Lođăng ký 8xbetn Gets Recognized in Two Professional Fields in The Legal 500 China Awards 2024
Lođăng ký 8xbetn Law Firm Establishes the 36th Branch in Zhongshan
Lođăng ký 8xbetn Notable Cases
Lođăng ký 8xbetn Successfully Assists a Client in Maintaining Validity of Utility Model and Invention Patents
China IP News
CNIPA Releases the “China Patent-Intensive Industry Statistical Monitoring Report”
Beijing IP Court Releases the “Reference for Handling Supporting Document Certifying the Subject Qualification in Foreign-Related Cases” & the “Analysis of Patent Grant and Confirmation Trial Cases (2014-2024)”
Lođăng ký 8xbetn Comments
Lođăng ký 8xbetn Helps a Trade Secret Holder Get a Favorable Outcome, Significantly Increasing Compensation
Lođăng ký 8xbetn News
Lođăng ký 8xbetn Gets Recognized in Two Professional Fields in The Legal 500 China Awards 2024
Recently, the globally recognized legal ratiđăng ký 8xbetgency, The Legal 500, released the China Awards 2024. Lođăng ký 8xbetn was included in the list of the “Firms To Watch” for Intellectual Property and Banking & Financial Services with its outstanding capabilities and excellent reputation.
https://mp.weixin.qq.com/s/9Jiu77TXYcODJUHLa01ruA
Lođăng ký 8xbetn Law Firm Establishes the 36th Branch in Zhongshan
With support from judicial administrations, industry associations, and various sectors, Beijing Lođăng ký 8xbetn (Zhongshan) Law Firm has been duly established as the 36th branch of Lođăng ký 8xbetn Law Firm in China with approval from the Guangdong Provincial Department of Justice. This marks the expansion of Lođăng ký 8xbetn’s legal services footprint across China.
https://mp.weixin.qq.com/s/8LlGYChDpAjp0yLIpxJoUQ
Lođăng ký 8xbetn Notable Cases
Lođăng ký 8xbetn Successfully Assists a Client in Maintaining Validity of Utility Model and Invention Patents
Recently, attorneys Cindy Quan, Jianjun Fu, and Xiaojun Zheng of Lođăng ký 8xbetn successfully represented a client in defending the validity of two patents: a utility model titled “Tailings Discharge Mechanism for Coarse Coal Mud Separator” with patent No. 201520432391.4, and an invention titled “Intelligent Coarse Coal Mud Separator” with patent No. 201510347852.2. The CNIPA maintained the validity of both patents.
Lođăng ký 8xbetn represented patentee Tianjin xx Technology Co., Ltd. By analyzing the petitioner’s invalidation evidence and arguments, Lođăng ký 8xbetn claimed that the invalidation evidence did not disclose the inventive concept, technical problem, or corresponding features of the patents involved. During the oral hearing, Lođăng ký 8xbetn demonstrated the inventions’ concepts and principles, emphasizing the absence of relevant technical disclosures in the petitioner’s evidence. CNIPA ultimately upheld Lođăng ký 8xbetn’s arguments, maintaining the validity of the patents.
https://mp.weixin.qq.com/s/251pdBUZtIGAFXQaupEOlg
China IP News
CNIPA Releases the “China Patent-Intensive Industry Statistical Monitoring Report”
The CNIPA recently released the “China Patent-Intensive Industry Statistical Monitoring Report”. According to the Report, patent-intensive industries have demonstrated robust innovation capabilities and significant development potential, attracted nearly half of the national R&D investment, generated approximately 70% of China’s invention patents, and contributed to 12.71% of the national GDP.
In 2022, with stable expansion in size, the added value of patent-intensive industries exceeded CNY 15 trillion, with an average annual growth rate of 9.36% during 2018-2022, outpacing the GDP’s nominal annual growth rate by 2.37 percentage points. Notably, the information communication technology service and manufacturing sectors, representing emerging industries, experienced double-digit growth, with average annual growth rates of 14.86% and 10.23%, respectively.
https://mp.weixin.qq.com/s/xPBmkjsW1-fKFNQHCeHSSw
Beijing IP Court Releases the “Reference for Handling Supporting Document Certifying the Subject Qualification in Foreign-Related Cases” & the “Analysis of Patent Grant and Confirmation Trial Cases (2014-2024)”
The Beijing IP Court recently held an International Open Day, where it released the “Reference for Handling Supporting Document Certifying the Subject Qualification in Foreign-Related Cases 2024” and “Analysis of Patent Grant and Confirmation Trials Cases (2014-2024)”.
The court has seen a steady increase in cases, with a total of 14,345 patent grant and confirmation administrative cases accepted by September 2024, an annual growth of 5.65%. Particularly, inventions represent the largest share of patent cases, underscoring the value of high-quality patents for market entities and high-quality development.
Approximately 30% of these cases relate to new technology and industries, notably in next-generation information technology and advanced equipment manufacturing.
Over 20% of cases involve foreign entities, with parties spanning over 100 countries and regions across all five continents. Foreign entities are actively applying for patents and seeking patent confirmation in China.
https://baijiahao.baidu.com/s?id=1813214894750785200&wfr=spider&for=pc
Lođăng ký 8xbetn Comments
Lođăng ký 8xbetn Helps a Trade Secret Holder Get a Favorable Outcome, Significantly Increasing Compensation
Recently, Lođăng ký 8xbetn successfully represented Company A in a trade secret dispute against Company B and three former employees of Company A. The Supreme People’s Court ruled in favor of Company A, ordering the defendants to cease infringement and pay CNY 2,081,714.18 as damages, as well as CNY 352,490 as reasonable legal expenses.
In the first instance, the plaintiff argued that the defendants had infringed both technical and business secrets. Initially, only business secrets were recognized by the court, with a compensation award of CNY 300,000. Unsatisfied, Lođăng ký 8xbetn represented the client to appeal to the Supreme People’s Court, which recognized infringement of both business and technical secrets, raising the compensation to over CNY 2.4 million.
Background
The plaintiff’s self-developed production equipment is a core machine in chimney manufacturiđăng ký 8xbetnd is protected by strict confidentiality measures. The plaintiff provided its production equipment’s blueprints and specifications to a processing contractor. The plaintiff’s three former employees subsequently established Company B, leveraging their positions to take advantage of the plaintiff’s partnership with the processing contractor, and ordered an identical machine under the pretense that the plaintiff required an additional unit. The plaintiff argued that the information provided to the contractor constituted business secrets, while the production equipment itself was a carrier of its technical secrets. As a result, the plaintiff entrusted Lođăng ký 8xbetn to take action.
Disputed Points
Disputed Point (1):
The former employees argued that, given their roles as sales personnel, they lacked the technical background necessary to infringe on technical secrets. The Supreme People’s Court held that the Anti-Unfair Competition Law does not limit persons conducting technical secret infringement, as lođăng ký 8xbets the individual has engaged in infringing behaviors. The court clarified that infringing on technical secrets does not require the infringer to fully understand or possess technical expertise in the trade secrets involved. In this case, the former employees, aware that the plaintiff held a competitive advantage in the chimney manufacturing market due to its proprietary equipment, violated their confidentiality obligations. Without authorization, they ordered an identical piece of equipment from the plaintiff’s processing contractor and used it for the operations of the Company B. This behavior was deemed an improper acquisition of the plaintiff’s technical secrets, as well as usiđăng ký 8xbetnd allowing others to use such trade secrets obtained through improper means, which is regulated under the Anti-Unfair Competition Law.
Disputed Point (2):
The defendants contended that the processing contractor had independently contacted them to sell production equipment, thus arguing that they had not infringed on the plaintiff’s business secrets. The Supreme People’s Court ruled that, at the time of the defendants’ purchase, the processing information was unknown to the public. The plaintiff had taken confidentiality measures to protect this information, which was closely tied to the technical secrets involved. Knowing this information implied a possibility of accessing the technical secrets, and the information therefore constituted a business secret.
Disputed Point (3):
The Supreme People’s Court found that the four defendants had jointly engaged in infringing behavior, thus bearing responsibility to cease the infringement and destroy the infringing equipment under the court’s or plaintiff’s supervision. Regarding damages, the plaintiff requested compensation based on the profit generated by the defendants’ infringement. Ultimately, the Supreme Court calculated the defendants’ profit from the infringing product by using the total sales revenue multiplied by the profit margin and multiplied by the contribution rate of the technology, determining the total profit to be CNY 2,081,714.18. Additionally, the court fully supported the plaintiff’s claims for reasonable expenses, includiđăng ký 8xbetttorney’s fees, appraisal fees, and travel expenses, totaling CNY 352,490.
Typicality
By filiđăng ký 8xbet criminal complaint to gather evidence, Lođăng ký 8xbetn utilized a “criminal-to-civil” strategy to solidify evidence of infringement, overcoming the challenges of taking the evidence. During the police investigation, the first defendant’s production equipment was seized, a similarity assessment was conducted by an appraisal agency, and the former employees were inquired, which provided a solid foundation for winning the civil action.
In trade secret cases, rights holders often face challenges in taking the evidence necessary to file civil lawsuits or in achieving favorable outcomes in court. Lođăng ký 8xbetn’s success can serve as a valuable practical reference for similar cases in the future.
https://mp.weixin.qq.com/s/Am4Xx54_Omq1SDkgatKjZg
For more details, please follow us on:
