The two-level courts in Wuxi have fully exerted their judicial functions, strengthened the judicial protection of intellectual property rights, cracked down on various types of intellectual property rights infringements according to law, standardized market competition order, and achieved good legal results. On April 26, 2018, Wuxi City two-level courts now publish ten typical cases of intellectual property judicial protection in the city. The lawyers of Jiangsu Yunya Law Firm's “infringement of the Doqlei (Corolla) electronic medical record system software copyright case” were successfully selected in the top ten cases and ranked first.
Infringement of "Doqlei (Corolla)"
Electronic medical record system software copyright case
Jiangsu Mandala Software Co., Ltd. (formerly known as: Wuxi Mandala Software Co., Ltd.) is a software development enterprise. Its “Doqlei” electronic medical record system was registered in December 2005, and Mandala Company was Copyright owner. From December 2012 to August 2013, the defendant Jiang served as the software department manager of a company and undertook the research and development of electronic medical record software systems of four medical institutions. During this period, the defendant, Jiang, met with the accused Ge Moumou and Liu Moumou of the Mandala Company's implementation department through the defendant's inter-institutional introduction. After collusion, the defendants Ge Moumou and Liu Moumou respectively installed the above electronic medical record system in the above four medical institutions, and the illegal operation amounted to RMB 465,000. The court held that the four defendants had cooperated in the division of labor to sell and install copyright infringing software to the medical institutions involved, and jointly implemented the infringement of copyright, and the amount was large, which constituted a crime of copyright infringement. Since the four defendants automatically surrendered and truthfully confessed their crimes, they surrendered and retired the plot. According to this, the four defendants were sentenced to fixed-term imprisonment ranging from 1 year to 2 years and 3 months and the corresponding probation period, and the total penalty amount was 418,500 yuan. At the same time, the four defendants were prohibited from engaging in computer software sales activities during the probation period. And illegally confiscate the proceeds. After the verdict was pronounced in the first instance, the defendant did not appeal, and the public prosecution agency did not file a protest. The first-instance judgment has legal effect.
Yang Zhihao and Wan Haozhong of Jiangsu Yunya Law Firm accepted the entrustment of Jiangsu Mandala Software Co., Ltd. (hereinafter referred to as “the principal”). After understanding the relevant situation, the two lawyers actively cooperated with the client and proceeded in a timely manner. Investigation and evidence collection. After obtaining the prima facie evidence, the public security organ reports the case and contacts the defendant to explain the illegality of the act and the possible consequences. Through the constant communication and efforts of the two lawyers, the four defendants surrendered themselves to the public security organs. Thereafter, after further work and coordination by the attorney, the defendant ultimately not only pleaded guilty and repented, but also actively compensated the client for economic losses. This case not only played a good social effect, legal effect, economic effect, but also played a positive role in the compliance control of the trustee enterprise. It is also the Wuxi area where the Internet of Things industry is booming. A large concentration.
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It should be emphasized that the IPR cases represented by Yunya has been selected into the top ten cases of intellectual property judicial protection in Jiangsu and Wuxi courts. Some excerpts are as follows:
Mr. Chen Zhaoli's “Wuxi Sensong Machinery Co., Ltd., Ming Zhihong, Chen Dengke, Lu Zhigang, Wu Aijun, Qian Xuelan Infringement of Trade Secrets” was selected as a typical case of judicial protection of intellectual property rights in Jiangsu courts in 2012.
Attorney Chen Zhaoli of Jiangsu Yunya Law Firm accepted the entrustment of the victims of criminal cases infringing trade secrets and acted as criminal prosecutors to participate in criminal cases of infringement of trade secrets and safeguard the legitimate rights and interests of the victims. The focus of the dispute in this case is how to determine the loss of the right holder. This is not only directly related to the penalty of the defendant in this case, but also directly affects the amount of compensation that the right holder has won in the civil case of infringement of trade secrets. Regarding how to determine the loss of the right holder in the crime of infringement of trade secrets, China’s criminal law does not provide for it. I represent the victim independently and express opinions. The claim should be implemented in accordance with the provisions of civil law, that is, “the total number of sales of the right holder is difficult to determine, and the infringing product The total number of sales in the market × the reasonable profit of each product of the right holder can be regarded as the loss suffered by the right holder due to the infringement, and is finally adopted by the procuratorate and the court.
The case of a mechanical company, Mingmou and other infringement filter technology secret disputes represented by Mr. Chen Zhaoli was selected as one of the top ten cases of intellectual property judicial protection in Wuxi Court in 2014.
The plaintiff Jiangsu Jueng Machinery Co., Ltd. mainly produces all kinds of filter products. The company has adopted confidentiality measures such as using confidential software, special person management and strict examination and approval system for the technical information it owns. The defendants Ming, Chen, Lu, Wu, and Qian were all employees of the plaintiff company. Technician Lu has obtained various types of filter drawings for the production of similar products. After the incident, the court’s criminal judgment found that the technical drawings stolen by the plaintiff constituted technical secrets. The total amount of losses was 339,743.52 yuan. A certain mechanical company, Mingmou, Chen, Lumou, Wumou and Qianmou committed crimes of infringement of trade secrets. Sentenced to fixed-term imprisonment and fines. After the criminal judgment came into effect, the plaintiff filed a civil lawsuit requesting the defendant to stop the infringement and compensate for the loss of 4 million yuan. After hearing the case, the court held that the defendant’s infringement facts were clear. If the actual loss of the right holder could be determined, the plaintiff’s loss could be determined according to the calculation of the previous criminal judgment loss. According to this judgment, a certain machinery company, Mingmou, Chen, Wu, and Qianmou jointly compensated the plaintiff for economic losses of 339,743.52 yuan, and Lu compensated the plaintiff for economic losses of 3,110,779.78 yuan.
Brief Introduction of Intellectual Property Law Team of Jiangsu Yunya Law Firm
Jiangsu Yunya Law Firm has a high-quality lawyer team and rich experience in intellectual property rights such as patents, trademarks, copyrights, trade secrets, etc., and has handled many IP civil cases and criminal cases in the Supreme People's Court, Jiangsu. Typical cases issued by the Provincial Higher People's Court and the Wuxi Intermediate People's Court. Yunya Law Firm's ability to investigate and claim for intellectual property infringements such as patents, trademarks, copyrights, integrated circuit layout designs, trade secrets (proprietary technologies), etc., to provide customers with all-round preventive measures Professional legal services for monitoring and ex post remedies.
Jiangsu Yunya Law Firm's Intellectual Property Legal Service Scope
1. Provide legal advice on intellectual property rights (including but not limited to patents, trademarks, copyrights (including computer software) and related rights, layout design of integrated circuits, unfair competition, domain names);
2. Provide legal advice and review opinions for the company's patent application documents;
3. Infringement investigation and evidence collection, sending infringement warning letter, issuing a lawyer's letter, and issuing a lawyer's statement;
4. Conduct a comparative analysis of intellectual property infringement and conduct a feasibility legal argument;
5. Provide intellectual property due diligence for company mergers and acquisitions, investment and financing projects, and issue legal opinions;
6. Draft, review and revise the company's intellectual property related contracts (including but not limited to confidentiality contracts, non-competition contracts, pledge financing contracts, licensing contracts, transfer contracts) and participate in contract negotiations;
7. Provide legal advice and advice for corporate intellectual property insurance, pledge financing, application for tax incentives and financial assistance;
8. Apply for the customs protection of intellectual property rights on behalf of the applicant;
9. Special legal services for the protection of trade secrets, including: assisting companies in establishing trade secret protection rules and regulations; clarifying the scope of trade secrets, classifying and classifying them; establishing comprehensive, multi-level and targeted security measures;
10. Provide information on laws, policies, and court precedents related to the company's intellectual property rights, and provide regular internal legal issues (such as Yunya Lawyer);
11. Provide legal services related to litigation, arbitration, administrative processing (review, invalidation, infringement disputes) and other dispute resolution.
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