Details The case of infringing technical secrets with the highest amount of compensation in the history of the people's court came to an end. The Supreme People's Court handed down a verdict on the dispute between Jiaxing Sinochem Chemical Co., Ltd. and Wang Long Group Co., Ltd. over infringement of technical secrets, and awarded the defendant Wang Long Group Co., Ltd. and others 65.438+59 billion yuan in compensation to the technical secret holders.
The technical secret involved in this case is the production process of vanillin. Vanillin is a perfume widely used in the world. The plaintiff Jiaxing Sinochem Chemical Co., Ltd. and Shanghai Chenxin New Technology Co., Ltd. jointly developed a new technology for producing vanillin and protected it as a technical secret.
Zhu Li, vice president of the Intellectual Property Court of the Supreme People's Court, said in an interview that punitive damages are not applicable to this case because of the claims of the obligee and the connection between the old and new laws. In this case, the technical secret holder only advocates 20 1 1? For the losses caused by infringement during the period of 20 17, the provisions on punitive damages in the Anti-Unfair Competition Law came into effect on April 23rd, 20 19. The judgment points out that the obligee can seek another remedy for the defendant's continuous infringement in this case after 20 18.
Punitive damages were not applied in this case, and the calculation method of the amount of statutory compensation by the court of first instance was not adopted. But according to the loss of the obligee or the actual income of the infringer. ? Zhu Li said.
In calculating the amount of compensation in this case, the Supreme People's Court Intellectual Property Court considered the analysis report provided by the obligee and issued by economic experts. In the analysis report, creditors put forward three calculation methods: one is to calculate the loss according to the creditor's operating profit; The second is to calculate the loss according to the sales profit; The third is to calculate the loss of price erosion caused by infringement.
The compensation results obtained by three different calculation methods are also different.
Zhu Li said that this compensation calculation method is reasonable. ? First of all, the infringer in this case has serious infringement circumstances, bad infringement means, obvious subjective intention, strong malignancy and long time. Secondly, some infringers in this case, such as Wang Long Science and Technology Company, are actually infringing companies, and their purpose of establishment and business behavior after establishment are mainly to use other people's technical secrets to produce vanillin. In addition, the enterprises of the obligee and the infringer in this case are the main enterprises that produce vanillin in China. Because the infringer illegally obtained and used the technical secrets of the obligee to enter the market, the price of the obligee's products dropped sharply, and the market share also dropped sharply, which caused great losses to the obligee. ?
According to the relevant data of economic losses provided by the obligee, considering the seriousness of the infringement, the technical secrets involved have great commercial value, and the infringers such as Wang Long Science and Technology Company refused to implement the effective behavior preservation ruling, the the Supreme People's Court Intellectual Property Court decided to cancel the first-instance judgment and awarded the above-mentioned infringers joint compensation of 6,543.8+59 million yuan (including reasonable rights protection expenditure of 3.49 million yuan).
He, vice president of the Intellectual Property Court of the Supreme People's Court, said that the amount of the case was changed to 654.38+59 billion yuan, which is the highest amount of compensation awarded by the people's court so far. ? In the future, we will further intensify the work of compensation for intellectual property damage, and there will be more and more cases of high compensation. ?