The Supreme People's Court issued six IP infringement and fake and shoddy goods of five typical cases: the accused infringing trade secret case hori Yutaka
In 1994 October, Japan Corporation and Sichuan West Light Industrial (Group) company to jointly invest to set up Sino foreign joint venture enterprise Chengdu Mikuni carburetor and related products, with production and sales of engine, two air valve is Chengdu Mikuni company flagship product. May 21, 1999 to September 1, 2004, the defendant hori Yutaka (Japanese), Zhou Yong, Liu Fagang, Shen Qian served as general manager, respectively, in Chengdu Mikuni company technology department development course development department, production department equipment course system technical department, Hori Shige's Japanese translation and relevant work. Hori Yutaka during as general manager, the direct care of Chengdu Mikuni company claims constitute the relevant drawings of commercial secrets, Zhou Yong, Liu Fagang were exposed to Chengdu Mikuni company on the two air valve drawings can while in office. In 2004 September, hori Yutaka by Japan KK back to Japan, before he went back to Japan, hori Yutaka and defendant thunder sword even talks to set up Jiangmen Kemei electromechanical Co., Ltd. (hereinafter referred to as Kemei company), funded by the Lei Jianping and decided as the actual controller and is responsible for product sales, hori Yutaka recommended Chengdu Mikuni company employee Zhou Yong, Liu Fagang and Shen Qian to Kemei company to the Lei Jianping administration. 2004 September to December, Shen Qian, Zhou Yong, Liu Fagang has resigned from the Chengdu Mikuni company, participate in Kemei company preparatory, and was founded in Kemei company registration, worked in the company. In 2005 May, the company began production and sales of two Kemei secondary air valve. In the meantime, hori Yutaka instigated Shen Qian requirements have not been the resignation of Liu Fagang will be the two time the air valve device candid camera down Chengdu Mikuni company, sent by email to the hori Yutaka; Zhou Yong let technician Chengdu Mikuni company Zhao Zehui will be the two time the air valve related parts mailed to Kemei company; master during hori Yutaka will serve in the Chengdu Mikuni company the two technical drawings copy to Zhou Yong air valve. Zhou Yong according to the data plotted in Kemei company two air valve drawings. Kemei company according to the drawings, manufacturing and sales of two air valve type AV01 841084.
Chengdu City Intermediate People's court decided that the defendant, Lei Jianping, hori Yutaka Zhou Yong, Liu Fagang, Shen Qian against the Chengdu Mikuni company requirements for keeping commercial secrets theft, disclosing and using the trade secrets to his knowledge, cause significant loss of 2355035.2 yuan to Chengdu three companies, their behavior constitutes the crime of infringing on business secrets, according to the law hori Yutaka sentenced to two years imprisonment for zero five months and fined 500000 yuan; sentenced Lei Jianping, Zhou Yong, Liu Fagang to two years imprisonment, suspended for three years, and fined 400000 yuan; Shen Qian sentenced to imprisonment for one year, two years of probation, fined 100000 yuan. After the verdict, Hori Shige and others against, appeal. Sichuan Province Higher People's court, to dismiss the appellant appeals upheld.
