Chapter 1171: Chapter 377: Unconsciously Wanting to Use Old Tricks_3
“Now intentionally leaking business secrets and causing significant losses to the company is enough to constitute the cri of infringing on business secrets. Just report it to the police.”
“The Public Security Authorities will thoroughly investigate how this business secret was leaked, how it got into the opponent’s hands. Then we can apply to the court to retrieve that part of the investigation results.”
This is Lawyer Tang’s old tactic. Is it difficult to gather evidence? No problem, we might have trouble collecting it, but the Public Security Authorities have no issues. They have investigative rights.
Since they’re specifically targeting this technology, the other party is definitely aware of the situation. This is called presud knowledge.
Once they’re in custody, the situation will be thoroughly investigated, and that can be used as evidence. It’s just a matter of applying to the court for investigation.
“Then, we can use this part of the investigation result as a reason to file a lawsuit for infringent of technical secrets!”
Hmm… Hmm? Several people in front of him simultaneously paused upon hearing this.
Previously, they understood everything—it’s nothing more than using criminal ans to investigate civil evidence. They’ve seen this many tis in Lawyer Tang’s previous videos.
Is it useful? Absolutely, it’s very useful. The biggest problem with civil litigation is that evidence is difficult to collect, but when the Public Security Authorities step in, it becos much easier to handle.
Just like the previous dispute Lawyer Tang had with the property managent at the Yuefu Residential Complex. Calculating those accounts would likely require many finance personnel to work overti.
But the economic investigation is different… Governnt officials, after all, aren’t considered workers, so even staying up at night isn’t counted as overti work. They don’t have to pay out of their own pocket; it’s great.
Anyway, when the economic investigation team at the Guangming Sub-bureau sees Lawyer Tang coming, their hearts race. On one hand, there’s definitely a big case; on the other, the overti is really overwhelming.
So this part they can understand, but how co the lawsuit afterward is for infringent of technical secrets and not patent infringent?
Imdiately, Cui Yuping spoke: “Lawyer Tang, this… our invention patent was infringed, but you’re filing for technical secrets…”
Upon hearing this, Lawyer Tang smiled and said: “Chief Engineer Cui, don’t rush, listen to slowly.”
“Infringent of invention patents and technical secrets might seem different, but actually, as professionals, you should know that the technology in invention patents can be regarded as a part of technical secrets.”
This is the core point, why say this? Because invention patents are public, registering the innovative part of a set of technical secrets as a patent.
Not all technologies can be patented. This can be simply summarized by ‘Patent Law’; as for specific determination, that’s the matter of the Patent Board.
“And if we win the lawsuit for infringent of technical secrets, what does that imply? It ans the other party surely obtained the company’s technology through illegal ans.”
“In such a situation, filing a lawsuit for infringing invention patents will be no problem.”
This is also a thod in practice, treating the infringent of technical secrets as a precursor to invention patent infringent.
Of course, purely theoretical thinking will feel abstract and hollow because practice is more detailed.
Criminal investigations will write out the specific leaked content very clearly, and it usually includes the content of the patent. For technical personnel like chief engineers, they wouldn’t differentiate very clearly.
It’s all given, so we can use the technical secrets infringent case as evidence for the invention patent infringent.
This logic left everyone present sowhat stunned.
Cui Yuping quickly shook his head: “But Lawyer Tang, you said this infringent of technical secrets includes the invention patent, then… can it still be sued? Isn’t that repetitive suing?”
Lawyer Tang once again looked at Cui Yuping: “Chief Engineer Cui is quite understanding, but everyone, don’t overlook; I’ve always been talking about ‘technology’!”
“Technically, both have similar points, but legally, infringent of technical secrets and patent infringent are two concepts. We can sue on both grounds!”
Got it, now Cui Yuping didn’t understand even more.
But this ti Cai Jinxu spoke: “Lawyer Tang, all this is based on soone leaking the secrets. What if there’s no leaking?”
Lawyer Tang took a sip of tea and said again: “That’s what I’m about to say next. Whether there’s leaking or not, I’ll apply through the court to retrieve the company’s registration materials from the local Safety Supervision Bureau.”
“Such chemical materials are highly hazardous, so they must be reported and registered, so the Safety Supervision Bureau surely has detailed information.”
“Moreover, we can ensure this information is trustworthy.”
Of course it’s trustworthy—the state’s regulations on safety production are extrely strict. Does your submission differ from reality?
Fine, you’ll be investigated, and rectification is just the lightest consequence!
“If there’s no leaking, then we’ll compare this way, just that the process is a bit longer.”
“Furthermore, if the registration differs from the previous lawsuit’s examination results, then that company must explain which one is true. I believe that’ll be very interesting!”
After Lawyer Tang finished speaking, there was not a sound in the room.
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