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Supreme Court issued 2016 ten largest 10 cases of intellectual property rights Wang Zhiping infringement of commercial secrets declared no crime

2017-4-26 23:11| Announcer: admin

Wang Zhiping infringed on commercial secrets appeal case[Jiangsu Provincial Higher People's Court (2015) Suzhi sentence of the word No. 00012 criminal judgment]

 

Case Summary:Jiangsu Gu Deng company has a trenchless horizontal directional drilling technology. Jiangsu Gu Deng company and the defendant Wang Zhiping signed a labor contract, and signed the relevant confidentiality provisions.In April 2011, the defendant Wang Zhiping in Jiangsu Gu Deng company sent to Wuhan to participate in the trenchless level directional drilling rig during the exhibition, did not apply for normal leave procedures to leave the company in Jiangsu Gu Deng, and its computer technical drawings copied to the U disk (Hereinafter referred to as Yuquan company), mainly engaged in YQ3000-L horizontal directional drilling rig research and development work. May 2011 to July 2012, Yuquan company gradually production and sales of three YQ3000-L-type horizontal directional drilling rig. Jiangsu Province, Yancheng City People's Procuratorate accused the defendant Wang Zhiping guilty of the crime of infringement of commercial secrets, Yancheng Intermediate People's Court on November 20, 2013 to make (2013) Salt Penal first letter No. 0004 criminal judgment, the defendant Wang Zhiping committed commercial Secret conviction, sentenced to one year imprisonment for three months and fined a fine of 10,000 yuan. Jiangsu Province Higher People's Court to some facts unclear, lack of evidence on the grounds, sent back to retrial. Yancheng Intermediate People 's Court after the retrial of the defendant Wang Zhiping violated the crime of commercial secrets, exempt from criminal penalties. Jiangsu Provincial Higher People's Court of the second instance that the Jiangsu Gu Deng company involved in crawler walking device technical information is not known to the public, and Jiangsu Gu Deng company involved in the amount of the loss of more than 490,000 yuan, according to the existing evidence, there are Some doubt, still can not meet the criminal cases to exclude reasonable proof of the standard, the final judge the defendant's innocence.

 

Typical meaning:This case is better embodied in the criminal case of intellectual property criminal conviction and sentencing evidence should be sufficient, and the facts of the case has ruled out reasonable suspicion of criminal evidence referee concept. The court of second instance insisted on a substantive examination of the contents of the appraisal report and corrected the misunderstanding of the formal examination of the appraisal report only. Through the review of the basic financial data of the financial appraisal report, it is found that there is a significant doubt about the product market price evaluation based on the calculation of the loss of the case. Through the judicial technology identification based on the technical information review, found that the second identification based on the technical information there is a big doubt. And on this basis to make the defendant's innocence. This case fully embodies the intellectual property trial in the "three in one" reform pilot work, the trial, the prosecution of intellectual property rights of criminal justice protection concept and criminal evidence referee consciousness to further unify. In the second instance of this case, the judicial organ and the procuratorial organ shall perform their duties according to law, and the procuratorial organs shall propose the innocence, and the second instance court shall make a verdict and have a better effect. The results of the referee in this case fully reflect the criminal justice concept of the court in the trial of criminal cases of intellectual property rights, while insisting on the principle of modesty of criminal law and the standard of criminal evidence.

 

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