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In order to protect the legitimate rights and interests of the company,the company has increased its efforts in intellectual property rights protection in recent years.Below,the editor will introduce two typical intellectual property rights protection actions of Xiangtan Hengxin Industrial Co.,Ltd.(hereinafter referred to as"Xiangtan Hengxin").
Trade secret rights protection action
In 2014,Zhu and Li were sentenced for the crime of infringing on Xiangtan Hengxin's trade secrets.
Zhu was originally the sales manager of Xiangtan Hengxin,and Li was originally the technical engineer of Xiangtan Hengxin.In 2009 and 2010,he respectively switched to Yangzhou Best Machinery Equipment Co.,Ltd.(hereinafter referred to as"Yangzhou Best")as the general manager and technical director,which competed with Xiangtan Hengxin.The two intentionally disclosed their respective Xiangtan Hengxin technical information to Yangzhou Best,knowing that they had a confidentiality obligation regarding the commercial secrets of Xiangtan Hengxin,and applied it to the production and sales of their products,causing significant economic losses to Xiangtan Hengxin.After nearly three years of case investigation,the Shaoshan Public Security Bureau transferred the case to the Shaoshan Procuratorate for prosecution in 2014.After being tried by the Shaoshan People's Court,a criminal judgment(2014)Shao Xing Chu Zi No.34 was issued,ruling that the two individuals were guilty of infringing on trade secrets.The two individuals appealed to the Xiangtan Intermediate People's Court against the judgment.After the final trial by the Xiangtan Intermediate People's Court,a criminal judgment(2014)Tan Zhong Xing Zhong Zi No.326 was issued,The conviction section of the first instance judgment regarding the crime of two individuals infringing on trade secrets has been upheld.This case was listed as one of the top ten typical intellectual property cases in Hunan Province in 2015.
Patent Protection Action
Yangzhou Best utilizes the technical information of Xiangtan Hengxin held by Li to produce and sell"overhead passenger device"products.This not only makes Li's infringement of Xiangtan Hengxin's trade secrets constitute a crime,but also some of the technology held by Li belongs to Xiangtan Hengxin's patented technology.Yangzhou Best has not obtained permission from the patentee Xiangtan Hengxin and its legal representative Xiao Pingping,The use of patented technologies such as Xiangtan Hengxin and its legal representative Xiao Pingping's"welding drive wheel for cableway","mining steep slope turning cableway","friction type movable gripper with pulley",and"mining steep slope static loading and unloading device"in the production and sales of"mining overhead passenger devices"constitutes patent infringement.
In 2014,Xiangtan Hengxin and its legal representative Xiao Pingping launched a rights protection action against Yangzhou Best Technology's infringement of six patent rights.After trial by the Shanxi Provincial High People's Court and Taiyuan Intermediate People's Court,the following judgments were made:(2015)Jinminzhong Zi No.50,(2015)Jinshangzhong Zi No.127,(2015)Jinminzhong Zi No.51,(2014)Heshangchu Zi No.32,and(2016)Jinminzhong 31,Yangzhou Best was sentenced for infringing on the exclusive rights of Xiangtan Hengxin and Xiao Pingping's"welding drive wheel for cableway","mining large slope turning cableway","friction type movable gripper with pulley","mining large slope static loading and unloading device",and"adjustable cableway hanger",and was ordered to cease infringement and compensate for losses.On November 23,2016,Yangzhou Best went to Xiangtan Hengxin to apologize for infringing on the intellectual property rights of Xiangtan Hengxin,and published an apology statement in December 2016 in China Coal Daily.
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