Shanghai Li Xiaohua Law Firm won the case of infringement of trade secrets

Shanghai Li Xiaohua Law Firm learned that Yifan Company is an enterprise specializing in the production and sale of various fashion bags, luggage, bags and related leather products. After more than ten years of development, Yifan Company's products and brands have won many titles such as "Shanghai Export Brand", "Shanghai Famous Brand Products", and "Shanghai Famous Trademark". The products are exported to more than 60 countries and regions, and enjoy a high reputation in the industry.

When Yifan Company participated in the Autumn Canton Fair of the year, he saw at the exhibition that several bags exhibited by Xiangwen Company were exactly the same as Yifan Company. Yifan Company began to pay attention to whether the company's bag design drawings were stolen by others.

Yifan Company found that employee Liu changed the trademark of the company's luggage design draft to Xiangwen Company's trademark during working hours, so he inquired about Liu. Liu admitted that he was an employee of Xiangwen Company Dong asked him to sell the design draft of Yifan Company to Xiangwen Company for a price of 200 yuan per piece.

In order to protect its intellectual property rights, Yifan Company came to Shanghai Li Xiaohua Law Firm and commissioned a civil lawsuit.

After accepting the commission, Shanghai Li Xiaohua Law Firm appointed Wang Lin, deputy director and professional lawyer, as the attorney.

Lawyer Wang Lin listened to Yifan Company's introduction to the facts and studied the evidence materials provided by Yifan Company. According to Article 1165 of the Civil Code of my country, if the perpetrator infringes upon his civil rights and interests due to fault, he shall bear tort liability. If the perpetrator is presumed to be at fault in accordance with the law and cannot prove that he is not at fault, he shall bear tort liability. And Article 1185 stipulates that if intentional infringement of other people's intellectual property rights and the circumstances are serious, the infringed person has the right to request corresponding punitive compensation. It was decided to file a lawsuit with the court on the grounds that Xiangwen Company, Dong and Liu had infringed on the trade secrets, and the lawsuit requested:

1. Order the defendant to immediately stop all acts of infringing on the plaintiff's trade secrets, including infringement such as the defendant's stop manufacturing, selling, and promising the sale of infringing products;

2. Order the three defendants to publish apologies and eliminate the impact in the Liberation Daily and China Daily;

3. Order the three defendants to compensate the plaintiff for economic losses of RMB 500,000;

4. The defendants were ordered to compensate the plaintiff for economic losses of RMB 27,000;

5. The three defendants were ordered to compensate the plaintiff's lawyer fees of RMB 40,000, notarization fees of RMB 1,000, and appraisal fees of RMB 60,000, totaling RMB 101,000;

6. Order the three defendants to bear all the litigation costs in this case.

After investigation and evidence collection, the attorney believed that:

Bag design and production are only one of Xiangwen Company's businesses, and its bag research and development capabilities are not strong. As early as a few years ago, Yifan Company had a lawsuit with Xiangwen Company over trademark infringement, so both parties have a relatively good understanding of their respective business conditions. Xiangwen Company knew that Liu was an employee of Yifan Company and also purchased a design draft of luggage from him. His subjective intention of stealing Yifan Company's business secrets was obvious. Such malicious and unfair competition should be punished by legal sanctions in order to maintain normal market order.

Enterprises should establish the business philosophy of honesty, trustworthiness, fairness and law-abiding, and the defendants should pay the corresponding price for their illegal acts.

After submitting the complaint, Shanghai Li Xiaohua Law Firm immediately started to further investigate and collect evidence.

Liu admitted that he had sold more than 130 design drafts to Xiangwen Company, but due to the infringement span, some of the design drafts have been destroyed. Finally, after multiple verifications, more than 60 design drafts of luggage were verified by the three defendants to steal from Yifan Company. According to relevant laws and regulations on trade secret infringement in my country, the two lawyers who are proficient in intellectual property rights fully discussed in court on the legal characteristics of commercial secrets, the identity of the luggage design drawings held by the defendant and the luggage design drawings of the plaintiff, and the subjective intention and objective behavior of the defendant to jointly steal the plaintiff's trade secrets. The design drafts of more than 60 bags that were disputed by the plaintiff and defendant were also prepared into a comparison form and submitted to the court for the purpose of the court to find out the facts.

The number of drawings in this case is huge, and the case is difficult and complicated. After three days of trial, the court shall, according to Article 97 of the " People's Court shall clarify the reasons for whether the evidence is adopted in the judgment document; Several Provisions of the Supreme People's Court on Evidence in Civil Litigation "for the evidence without disputes between the parties, the reasons for whether it is adopted may not be expressed in the judgment document.

The final judgment was made, and the defendant Xiangwen Company and the defendant Liu jointly committed the act of infringing on the plaintiff's commercial secrets and should bear the corresponding tort liability . The judgment is as follows:

1. The defendant Xiangwen Company shall immediately stop infringing on the trade secrets of the plaintiff Yifan Company from the date of the effectiveness of this judgment;