The article is reproduced from the "compressor network" wechat public number, if there is infringement please contact delete!

From September 11 to 15, 2023, China Fair Competition Policy Publicity Week 2023 was widely carried out across the country。In order to further create a fair competition market environment, give full play to the role of typical cases in education and warning and supervision by public opinion, Chongqing High People's Court and Chongqing Market Supervision Bureau jointly issued typical cases of anti-unfair competition judicial protection and administrative protection in 2022。

Case: Unauthorized use of well-known compressor brands to implement confusion

【皇冠手机登陆客户端APP】

On June 16, 2022, the Chongqing Market Supervision Bureau conducted an on-site inspection of a Chongqing refrigeration Equipment Co., LTD., according to the complaint。经查，The party is a special distributor of Beijing Bitzer Refrigeration Equipment Co., LTD，In the (2020) Beijing 73 Min End 3254 civil judgment made by the Beijing Intellectual Property Court on May 15, 2021, Beijing Bitzer Refrigeration Equipment Co., Ltd. fully contains the words "Bitzer" in the enterprise name，It is easy for the relevant public to mistake it for having a specific connection with the right holder，Constitutes an act of unfair competition "after the final judgment，Still in the form of a contract，Purchase of refrigeration compressor products marked with the name plate of "Beijing Bitzer Refrigeration Equipment Co., LTD." for sale，It is enough to make people think that the refrigeration compressor is a product of Bitzer Refrigeration Technology (China) Co., LTD. Or there is a specific connection，The relevant public is confused about the source of the refrigeration compressor。From May 15, 2021 to the date of the crime, the parties' illegal business amounted to 590,434.13元。

【皇冠手机登陆客户端APP】

The above acts of the parties violate the provisions of Article 6 (2) of the Anti-Unfair Competition Law of the People's Republic of China, and constitute an illegal act of using the enterprise name of others with certain influence to confuse。According to the provisions of the first paragraph of article 18 of the Anti-Unfair Competition Law of the People's Republic of China, the Chongqing Market Supervision Bureau ordered the parties to correct the above illegal acts, confiscated 78 refrigeration compressors with the nameplate of "Beijing Bitzer Refrigeration Equipment Co., LTD." and fined 29.52万元。

[Typical meaning]

This case is the Sichuan-Chongqing market supervision departments signed the "Joint anti-counterfeiting and protection of Shuangcheng Economic Circle enterprises high-quality development cooperation Agreement" since，An important regional law enforcement cooperation between the two places to jointly combat intellectual property infringement，It has broken the barriers of incomplete sharing of illegal information and isolated handling of cases between provinces，It has accumulated practical experience for further promoting the joint construction of the business environment in the Chengdu-Chongqing economic circle, realizing joint management in key areas, and strengthening the linkage of supervision and law enforcement。同时，This case came into force after the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Anti-Unfair Competition Law of the People's Republic of China (March 2022)，The market supervision department took the lead in applying the interpretation to the infringement cases investigated，According to the law, the seller should know that the use of the "Bitzer" shop name on the product constitutes the infringement of the enterprise name, but the sale of the company name marked with the infringement of "Bitzer" constitutes unfair competition，It has certain reference significance for the investigation and handling of similar infringement cases in the future。

Case: Energy equipment core components trade secret violation crime

【皇冠手机登陆客户端APP】

Since 2000, a Chongqing energy equipment integration Co., Ltd. designed the air filler controller, the relevant technical documents, design drawings contain technical information that is not known to the public。In order to prevent leakage, the company has confidentiality provisions in the employee manual and labor contracts, and has also formulated corresponding norms for the storage and borrowing of technical materials。

In 2014, defendant Yang Mou resigned from Chongqing energy equipment integration Co., Ltd. and founded the defendant unit Chongqing energy Equipment Manufacturing Co., LTD., operating gas equipment, and acting as the general manager, with the right to make business decisions。In 2015, Ren, a defendant who had worked in a Chongqing energy equipment integration Co., LTD., joined a Chongqing energy equipment Manufacturing Co., LTD., as technical director。

In May 2016, Yang and Ren learned that a Chongqing energy equipment integration Co., Ltd. technical staff defendant Cao Mou has a company that is not known to the public gas controller technical information, with high salaries to attract Cao Mou to resign and join Chongqing energy equipment Manufacturing Co., LTD., responsible for the development of gas controller。In July of the same year, under the direction of Yang Mou and Ren Mou, Cao Mou designed the air filling machine controller by referring to the technical information copied and mastered when working in a Chongqing energy equipment integration Co., LTD。

In September of the same year, Chongqing energy Equipment Manufacturing Co., Ltd. began to produce the air filler controller designed by Cao, and sold 302 units。After audit, a Chongqing energy equipment manufacturing Co., Ltd. made a profit from the sale of the aforementioned products 10828511.For 55 yuan, a Chongqing energy equipment integration Co., Ltd. sold 302 sets of the same type or similar products in the same period of profit of 16386903.32元。

identified，The 14 technical information shown in the controller of an air filler of Chongqing Energy Equipment Integration Co., Ltd. is not known to the public，Cao designed an air filler controller with reference to the aforementioned technical information compared with 14 technical information of a Chongqing energy equipment integration Co., LTD，11 of them are the same，2 are essentially identical in composition;Chongqing energy equipment Manufacturing Co., Ltd. uses Cao's design, production and sales of air filler controller technical information compared with 14 technical information of Chongqing energy equipment integration Co., LTD，8 of them are the same，All four are essentially the same。

【皇冠手机登陆客户端APP】

First instance judgment of Yubei District People's Court of Chongqing，Chongqing energy equipment manufacturing Co., Ltd. committed the crime of violating commercial secrets，A fine of eleven million dollars;Yang committed the crime of violating trade secrets，Sentenced to four years and six months in prison，Shall also be fined 200,000 yuan;Ren committed the crime of infringing trade secrets，Sentenced to four years in prison，Shall also be fined 150,000 yuan;Cao is guilty of violating trade secrets，Sentenced to three years and six months in prison，A fine of 100,000 yuan is also imposed;Illegal income of Chongqing energy equipment manufacturing Co., LTD. 10828511.55 yuan shall be recovered;Confiscation of items on record。After the verdict, Yang filed an appeal, and the second instance ruled to reject the appeal and maintain the original verdict。

[Typical meaning]

This case has clarified the identification standards of non-public knowledge and the adequacy standards of trade secret confidentiality measures, targeted the problem of identifying the amount of loss and illegal income when the violated trade secret only involves the core components, and finally determined that the defendant committed the violation of trade secrets。The core technical components involved in the infringed trade secrets are the absolute profit sources of the whole product，Externally, it is also the case that the product is sold in the form of a complete machine，Break through the physical limits of the scope of trade secrets，The profit of the whole product is taken as the basis for determining the amount of loss and illegal income，It provides a new idea and method for the determination of loss amount and illegal income in intellectual property infringement cases，It has important reference value for the trial of similar cases，Also for fighting similar crimes，Protect intellectual property rights，It is of great significance to guide market players to enhance their awareness of risk prevention。

reference

JJG996-2012 "Compressed Natural Gas Refueling Machine Verification Regulations" definition:

Gas filling machine is a complete compressed natural gas accumulation measurement system composed of mass flow meter, electronic controller, quick cut-off valve, gas gun and other main parts。After the compressed natural gas in the air source enters the refueling machine, it passes through the intake valve, gas filter, solenoid valve, into the mass flow meter for measurement, and then through the quick cut-off valve, pull off valve (if applicable), high pressure hose and gas gun into the gas storage container to complete the refueling work。The electronic controller automatically controls the gas filling process, and calculates, displays and controls the solenoid valve according to the flow signal output by the flowmeter and the pressure signal output by the pressure limiting sensor