Chapter 1178: Chapter 380: Old Zhou: I Told You We Should Have Seconded Them
(Once again, the issue of jurisdiction concerning the subject matter was overlooked. This trial should be under the High Court’s jurisdiction, so for the sake of Old Zhou, let’s create a ti warp this ti. The previous text has been anded, and we can’t trouble Old Zhou again. This sentence will be deleted tonight.)
Handong Province High Court, when Old Tang arrived here, it was just like coming ho too.
Although he doesn’t visit often, the staff here are quite familiar with Old Tang.
It’s just that there are noticeably fewer people here; generally, it’s only lawyers who can co to the High Court for first instance filing, as it’s almost impossible for ordinary cases to be under the Provincial High Court’s jurisdiction for the first trial.
In the filing division, a familiar lawyer greeted Old Tang: “Director Tang is here, oh wow, you brought the cart again?”
Old Tang responded with a smile: “Yes, this case is a bit troubleso, it involves a lot of paperwork.”
Intellectual property lawsuits are unavoidable, as a lot of evidence is needed, and this is only part of it, mainly consisting of comrcial secret materials provided by Tengfei Company and so other evidence.
For example, the fee invoices given by Tengda, notarization fee invoices for the previously fixed evidence, and the original and photocopies of the confidentiality agreent signed with Tao Zhongcheng, the company’s bylaws on comrcial secrets, etc…
All these are required; it’s not just about convicting soone.
Besides, the most important thing is the determination of the compensation amount.
Why do you go to court? Of course, it’s for compensation, but how and how much to compensate must have a legal basis in court.
It can’t be whatever amount you say; your calculations must be supported by evidence.
Fortunately, the other party is a listed company, and listed companies must publish financial reports at mid-year and year-end, which should basically be true.
If they publish false financial reports and get caught, they will be heavily fined.
And based on the difficulty of rights protection in the previous case, and the other party’s long-term malicious infringent behavior, including but not limited to “continuing to infringe after judgnt, and establishing a second even third production line to expand the scope of infringent,” Old Tang believes punitive damages should be applied!
In our legal system, punitive damages are seldom specified. Generally, for infringent, it’s adjudicated based on the “compensation principle,” which ans no profit should be made.
Whatever you lost, just let the other party compensate you for it.
However, in certain special areas, there are regulations for punitive damages, such as unfair competition, like infringing on comrcial secrets.
Article 9 of the “Anti-Unfair Competition Law” states: Managers shall not engage in the following behaviors infringing comrcial secrets.
The fourth paragraph states: If a third party knows or ought to know the employee, forr employee, or other units, individuals of the comrcial secret’s right holder, and still obtain, disclose, use or allow others to use the comrcial secret, it shall be deed as infringing comrcial secrets.
And Article 17 of the “Anti-Unfair Competition Law” states:
If a manager violates the provisions of this law, causing damage to others, they shall bear civil liability in accordance with the law.
The amount of compensation for managers damaged by unfair competition is determined based on the actual loss suffered from the infringent;
If the actual loss is difficult to calculate, it’s determined based on the infringer’s profit from the infringent.
If a manager maliciously infringes on comrcial secrets, with serious circumstances, the compensation amount can be determined as more than one ti but less than five tis the amount determined by the above thods. The compensation amount should also include reasonable expenses paid by the manager to stop the infringent.
This is punitive compensation, which can be up to five tis your sales profits!
As for how to determine it specifically, it involves the contents of the “Explanation by the Supre Court on Application of Punitive Compensation in Civil Cases Involving Infringent of Intellectual Property Rights.”
Article 4 specifies: the People’s Court can determine as serious in situations where the defendant has: (1) Committed the sa or similar infringent act again after being administratively penalized or ordered to bear responsibility by a court ruling;
Therefore, Old Tang’s evidence includes the other party’s official website announcent about establishing the second production line, which was also notarized during extraction.
Of course, this evidence does not form an evidence chain, so it’s also necessary to apply to the court to obtain Dajin Company’s safety evaluation report and design docunt filed at the Safety Supervision Bureau.
Then conduct arguntation and comparison to see if this second phase is consistent with the previous technology, only if consistent can prove that the other party infringed again.
But that’s for later; for now, Old Tang’s demand is for five tis profit punitive damages!
However, there is also an issue here; the five-tis punitive compensation regulation in the “Anti-Unfair Competition Law” was revised in 2019.
Therefore, according to the general principle of non-retroactivity of law, the five-tis punitive compensation only applies after February 2019; before this, only the original provisions can be observed.
But even so, that number is already extrely shocking!
This is called a complex case, and it takes a long ti just for evidence presentation and cross-examination. It’s basically safe to say such cases can’t be completed in one or two court sessions.
So you can imagine the amount of evidence required, at least the staff in the filing division of the Provincial High Court had their eyes wide open seeing that small cart full like a mountain of paperwork.
“Lawyer Tang, what is this… what are you here for?” Inside the window, a staff mber looked at the fully laden cart like a paper mountain and instinctively swallowed.
Old Tang imdiately smiled upon hearing this: “What kind of question is that? I’m a lawyer, coming to court is naturally to file a lawsuit, what else? Hurry up and unload it, there’s more behind.”
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