In order to implement the decisions and deployments of the Party Central Committee and the State Council, enhance the awareness of fair competition in the whole society, cultivate and promote a culture of fair competition, the State Administration for Market Regulation, in conjunction with relevant departments and units such as the Supreme People's Court, jointly launched the 2023 China Fair Competition Policy Promotion Week from September 11th to 15th. On September 13th, the Intellectual Property Court of the Supreme People's Court held a centralized hearing to hear two cases of appeal for infringement of technological secrets between Zhejiang Chunfeng Power Co., Ltd. (hereinafter referred to as Chunfeng Company), Segway Technology Co., Ltd. (hereinafter referred to as Segway Company), Li, and others. The trial was conducted by a collegial panel composed of presiding judge Yu Xiaohan, judges He Jun, and Ou Hongwei. In both cases, Chunfeng Company claimed that during their work at Chunfeng Company, Li and others learned about Chunfeng Company's technical secrets related to the development of all terrain vehicles. After leaving Chunfeng Company, Li and others joined Segway Company, which applied for patents and obtained authorization for the aforementioned technical secrets. Chunfeng Company hereby claims that Segway Company has infringed on Chunfeng Company's technical secrets, and requests the court to order Segway Company and Li and other resigned personnel involved in the case to compensate Chunfeng Company for the corresponding economic losses. In both cases, the first instance court held that the technical secrets claimed by Chunfeng Company for protection were already disclosed by public domain technical information and did not constitute technical secrets. Therefore, in both cases, the court ruled to reject Chunfeng Company's litigation request regarding technical secrets. Chunfeng Company is not satisfied and has filed an appeal to the Supreme People's Court. In this trial, both Chunfeng Company and Segway Company made sufficient preparations, and both parties submitted multiple comparative literature and schematic diagrams of technical key points to the collegial panel. Both parties made a comprehensive statement of their views on the constituent elements of technical secrets, the infringement of technical secrets, and the assumption of civil liability, with a focus on whether the technical information claimed by Chunfeng Company is "not known to the public" or whether it is confidential, Multiple rounds of intense court debates were held. The three judges of the collegial panel conducted repeated questioning and in-depth investigation on relevant legal and technical issues, and the trial lasted for four hours. In one of the technology secret infringement cases, it also involved a patent ownership dispute related to the technology claimed by Chunfeng Company, and the first instance court ruled in support of its ownership claim. The dispute was also heard in this trial. Strengthening judicial protection of technological secrets is an important means of maintaining fair market competition. The Intellectual Property Court of the Supreme People's Court was officially unveiled and established on January 1, 2019, establishing a national level appeal hearing mechanism for intellectual property cases, focusing on the unified trial of technology related intellectual property appeal cases and monopoly appeal cases nationwide, such as patents and technological secrets. As of August 31 this year, the court has accepted a total of 16448 cases, including 16278 technical intellectual property cases (including 375 technical secret cases) and 170 monopoly cases, with a total of 13633 cases concluded. (New News Agency)
Edit：Jia Jia Responsible editor：Wang Chen
Source：rmfyb.chinacourt.org
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