Ninestar Employees Sentenced To Prison For Stealing trade Secrets
Ninestar Employees Sentenced To Prison For Stealing trade Secrets
2013-07-22 at 6:56:20 am #2484
4 Ninestar Employees Sentenced To Prison For Stealing trade Secrets
Zhuhai upheld the sentence together violation of trade secrets caseFormer employees jailed for stealing client information
( this artilce was translated from chinese to English)
The picture shows the second instance verdict scene.
Today, Guangdong Province, Zhuhai Intermediate People's Court on the case of violation of trade secrets with the second instance verdict. Appellant Jiangxi billion Platinum Electronic Technology Co., Ltd Zhongshan Ward printer device because of violating commercial secrets were sentenced fined 21.4 million yuan, 14.2 million yuan. Former victims unit Zhuhai Seine company four employees involved Mou, Luomou, Xiaomou, Lee were also a result of violation of trade secrets was sentenced to six years imprisonment, suspended for three years and fined 1 million $ 100,000 to $ fines penalties.
Court found that: Zhuhai Seine company is printing supplies manufacturers. February 19, 2008, the Ministry of Commerce approved the establishment of the HKSAR Zhuhai Seine company a wholly owned subsidiary Xsara Maggi Limited. Appellant Yu Mou, Luomou, Xiaomou, Lee victims unit Zhuhai Seine formerly the company's employees, the four appellants in their daily work, able to reach and grasp Zhuhai Seine company's customer list, the price system and other business information category of commercial secrets, commercial secrets responsibility obligations.
Second half of 2010, due to the original work unit Mou Zhuhai Seine company disagreement, ie businessman Huang Zhicheng Li Jiangxi Jiangxi billion platinum company that manufactures printers use toner cartridges and other consumable products, and the establishment of the appellant and the Hong Kong Zhongshan Ward Aster, USA Aster, the European Aster Jiangxi billion platinum sales products. Yu Mou, who will be a better relationship with their former company employees XiaoMou other Zhuhai Seine pulled into a new company to hold the corresponding duties.
Yu Mou, Luomou, Lee, et al. XiaoMou their grasp of their work in Zhuhai Seine's customers purchasing products, you are selling price system, product cost and other information secretly taken away. Lee Yu Mou also directs the master Zhuhai Seine after finishing the company's customer information by e-mail form to yourself and Luomou. Yumou also provides its possession Zhuhai Seine company's products cost price alert price, sales price and other business information by Mou, Luomou Zhuhai Seine analyzes the company's customers, and according to the company's Zhuhai Seine Some customers purchasing products, you are selling price system, product cost and other information to develop targeted Jiangxi Billion platinum company, Zhongshan Ward part of the company's U.S. product price system, the price system in Europe, the price is lower than Zhuhai Seine company.
Yu Mou, Luomou, Xiaomou, Lee, who use the price system to the original part of the company belonging to Zhuhai Seine customer sales the same types of products, to Zhuhai Seine company caused huge economic losses.
The court held that Jiangxi billion platinum company, Zhongshan Ward to seek illegal interests, through its executive officers directly responsible for the decision by Mou Mou, Luo, Lee, et al XiaoMou specifically responsible for implementing, using its illegal theft Zhuhai Seine company's trade secrets, the company's customers to Zhuhai Seine sell the same types of products, illegal business volume nearly $ 7,660,000, to Zhuhai Seine company economic loss of RMB 2270 million yuan, with particularly serious consequences. Jiangxi billion platinum company, Zhongshan Ward and Yu Mou, Luo, Lee, Xiaomou behavior constitutes violating commercial secrets, then made the above decision.
¦ Connection ¦ Judge
Customer lists, price system why trade secrets belonging to the company
The reporter newspaper correspondent Li Ling Yan Ren Huijuan
Customer lists, price system, whether belonging to the company's trade secrets? In this regard, the case of second instance to give a detailed explanation of the presiding judge, he said, has the following three criteria:
1. Involved in the client list, the price system is not related to the field officers of their respective generally known and readily available. Submitted by the Company under the Zhuhai Seine "Saina customer information", "Saina European part of the customer data 2010 trading volume and product price", "Saina American company customer data in 2011 a quarter of trade" and other evidence shows that customers involved customer name list is not simply an enumeration, in fact, contains three aspects: First, the customer's name, address, contact information; Second, customer trading habits, the type and quantity of purchased products, product prices, purchase cycle, purchase channels; Three is the number of different customers to purchase products, prices, trading habits are different. Price system involved reflected Zhuhai Seine for each type of product the company developed a five-level price, high to low are: 1. Fob; 2. Agency price; 3. Regional price; 4. Bottom Line price; 5. cordon price. Zhuhai Seine's competitors in the market, the above list of customers in any one of the customer's name, address, contact information, through books, newspapers, Internet and other public media retrieval that belong to the sectors of public intellectual information. Therefore, a simple customer name, address, contact information does not have secrecy. However, in addition to involving client list includes the customer's name, address, contact information, but also includes the trading habits of each customer, the type and quantity of purchased products, product prices, purchase cycle, purchase channels and so on. Clients and customers, the purchase of the product type and quantity, price, trading volume, trading habits are different, this difference does not have a general regularity. Zhuhai Seine between the company and each customer transaction information, is it based on customer requirements, combined with their own technology, production, capital and other factors, is that both sides considering the specific circumstances and the market itself, after repeated consultations, constantly Adjust the formation of mutually acceptable content, which gradually formed with a certain regularity of the transactions, thus forming a specific trading habits. Zhuhai Seine will these specific customers from many companies around the world were screened out as a special group of customers, maintain long-term stable trading relationship, trading habits. This is different from the known information related to customer lists and price system combination of information, Zhuhai Seine production and business activities in the years the company developed the accumulation obtained, belonging to the originality of intellectual effort, not the industry operators and common sense industry practices for the industry related personnel are not generally known and readily available.
2 Zhuhai Seine's customer lists, pricing system whether the economy. In a market economy, there is no ready market, customer, customer source of uncertainty, determines the operator who is difficult to accurately informed there is a demand for products. Any formation of a stable customer, operators are required to spend a lot of manpower and financial resources to continue to discover and cultivate, stable customers and operators to be able to bring a lot of economic interests.
3. Zhuhai Seine companies involved in the client list, the price system whether to take reasonable security measures. Zhuhai Seine company issued a "labor contract", "secrecy and restraint of trade agreements" with four confirmed that the company has signed a confidentiality agreement capita appeal. Conventions: Employee without his superior officer's written consent disclose to third parties, aware of the company's disclosure of Zhuhai Seine trade secret information, nor the company's own use Zhuhai Seine trade secret information. Compliance period from December 2010 to the end of December 2014 in late ending. In addition, "Saina customer information", "Saina European part of the customer data 2010 trading volume and product price", "Saina American company customer data in 2011 a quarter of transactions" and other documentary evidence confirmed Zhuhai Seine company's customers and products are systematically coded form, did not grasp even the encoded content people got the customer information which can not be interpreted to refer to the specific content.
The court held that the company's client list Zhuhai Seine, the price system is not known to the public, can bring economic benefits to its having practicality and security measures taken by the management of their information, business information like trade secrets belonging.
Zhuhai newspaper July 9 (Reporter correspondent Ren Huijuan Li Ling Yan)