The hottest thief to steal trade secrets Enping na

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Stealing trade secrets Enping nano King thief fell into the law

stealing trade secrets Enping nano King thief fell into the law

August 12, 2004

on August 3, 250 ℃ ± 0.10, Enping Municipal People's court made a judgment of first instance, and sentenced the defendant Hu Mingjian, the director of Enping Jiawei Chemical Industry Co., Ltd., to commit the crime of infringing trade secrets, the crime of taking advantage of his position, and the crime of bribery of company and enterprise personnel, on the principle of combined punishment for several crimes, It was decided to carry out five years and six months of fixed-term imprisonment and a fine of 50000 yuan

Chen Pinwei, the helmsman of Jiawei, told the author with deep feeling that the case spanned two provinces and regions, and it was quite difficult to detect. Without the encouragement and support of the leaders of Enping City and the arduous evidence collection of the political and legal organs, it would be difficult to "get to the bottom of the matter"

"nano king" was secretly cloned

Enping Jiawei Chemical Industry Co., Ltd. was founded on April 19, 1999. After several years of efforts, it has successfully developed nano activated calcium carbonate with a particle size of 30 ~ 50nm, and developed CC and CCR nano calcium carbonate, nano calcium for silicone rubber, nano calcium for coating, nano calcium for ink, nano calcium for papermaking, nano calcium for PP, nano calcium for PE and many other varieties, In 2002, it was recognized as a "private science and technology enterprise in Guangdong Province" and a "high-tech enterprise in Guangdong Province". In May 2004, it was approved by the Ministry of science and technology as the only "national key high-tech enterprise" in the calcium carbonate industry in China. Its "silicon rubber special nano calcium" scientific research project was included in the national "Torch Plan" project

at the moment when Jiawei company was at its peak and developing strongly, a bad news came to Chen Pinwei. One day in May 2003, a customer called and told him that humingjian, the equipment director of Jiawei company, was organizing more than 10 technical backbones of Jiawei company to build and install production lines in a chemical enterprise in Guangxi. According to this, Jiawei company suspects that Hu Mingjian stole the relevant technology of the company and provided it to this enterprise by taking advantage of his position. In order to safeguard the legitimate rights and interests of the enterprise, Jiawei company plans to report the case to the public security department, but considering that the case is cross provincial and difficult to detect, it has not made up its mind to report the case

in the middle of June 2003, wuguozhan, Secretary of Enping municipal Party committee, and chenpeigen, vice mayor, went deep into Jiawei company for investigation. After understanding this situation, they immediately encouraged the company to report the case to the public security organ as soon as possible, and asked Enping public security department to file the case as soon as possible, seize the time to solve the case, and do not let the "technology pioneer" become a "technology martyr"

difficult detection across provinces and regions

on June 15, 2003, Enping Public Security Bureau, after receiving the report, quickly transferred capable forces from the Economic Crime Investigation Brigade to carry out investigation and evidence collection, and soon learned that Hu Fanjian instructed a foundry in Enping to use the molds and drawings of Garvey company to manufacture crushers, lattice machines, air separators and other related equipment, and quickly seized some equipment that had not been transported away. On June 20, 2003, Enping Public Security Bureau took Hu Mingjian into criminal detention

Hu Mingjian was appointed as the equipment factory director of Jiawei company on December 1, 1999. He participated in the company's technological research and development and transformation, mastered all the company's equipment technology, production process technology and was responsible for keeping some technical data. From June, 2002 to June, 2003, Hu Mingjian successively collected 1.42 million yuan from Guangxi Shangtai Chemical Co., Ltd. as production costs, and took advantage of his position to steal equipment molds, drawings and relevant technical data developed and modified by Jiawei company, manufacture dryer, crusher, air separator, granulator, conveyor belt supporting wheel and other equipment, and purchase reducer, freezer, compressor and other equipment, It was transported to Shangtai company and organized more than 10 former Jiawei company technicians Wu and Huang, who mastered some of the technical secrets of Jiawei company, to Shangtai for the construction and installation of the production line. At the same time, it was also found that after Hu Mingjian was arrested on June 20, 2003, Wu and Huang, the former technicians of Jiawei company, completed the construction and installation of the ultra-fine (nano) active calcium carbonate production line of Shangtai company according to the equipment and technology originally provided by Hu Mingjian, and began trial production in September 2003. As of February, 2004, Shangtai company has sold more than 500 tons of ultra-fine activated calcium carbonate CC and CCR

in the process of handling the case, the public security organ also found that Hu Mingjian and Deng, the former director of the trade factory of Jiawei company, who was appointed by Jiawei company to buy Compressors in Panyu city, Guangdong Province, expanded the total payment for the purchase of two compressors by 90000 yuan to the company as 122500 yuan, embezzling 32500 yuan from the company. Among them, Hu Mingjian got 16500 yuan, Deng got 11000 yuan, and sun, the introducer, got 5000 yuan. From October, 2001 to March, 2003, Hu Mingjian took advantage of his position as the equipment factory director of Jiawei company to receive a total of 73834 yuan of rebate fees from relevant sales units when Jiawei company purchased machinery and equipment from relevant suppliers

the thief was tried and finally sentenced

according to the facts that have been mastered, the Enping people's Procuratorate decided the size of the fixture structure and the labor intensity of the fixture operation to Enping people's Court on April 23, 2004, and accused the defendant Hu Mingjian of committing the crime of infringing trade secrets, the crime of embezzlement and the crime of bribery of company and enterprise personnel. The Enping Municipal People's court heard the case in public and made a first instance judgment on August 3, 2004. It sentenced the defendant Hu Mingjian, the director of the equipment factory of Enping Jiawei Chemical Industry Co., Ltd., to commit the crime of infringing trade secrets, the crime of embezzlement and the crime of bribery of company and enterprise personnel. On the principle of punishment for several crimes, it decided to implement a five-year and six-month imprisonment and a fine of 50000 yuan

it is understood that this case is the second case involving infringement of trade secrets in Jiangmen City. The legal circles interviewed believe that this case involves the theft of tangible and intangible assets such as high-tech process equipment of private enterprises, and the amount involved is huge, which has typical significance for private enterprises to safeguard their rights

relevant data

the production lines of the two companies are basically the same. The plaintiff lost more than 8million

it is also understood that the public security organ also entrusted the Guangdong Institute of scientific and technological information to randomly select experts from the Guangdong selection expert database to form an identification expert group to identify the production lines of Jiawei Chinese display experimental parameters and experimental results company and Guangxi Shangtai company, On August 31, 2003, the "ultra-fine (nano) active carbonic acid technology appraisal report" was made, which determined that the process flow and drying unit of drying, crushing and grading were basically the same, and the pulverizer and classifier were the same. As for whether the production lines and equipment of Jiawei company and Shangtai company are consistent, the public security organ has entrusted Guangdong Institute of scientific and technological information to identify whether the production equipment of the two companies is the same or basically the same

through equipment development and technical transformation, Jiawei company has its own ultra-fine activated calcium carbonate production line. Due to the defendant Hu Mingjian's illegal use and disclosure of the trade secrets of Jiawei company, Guangxi Shangtai company has obtained and used the technical information developed by Jiawei company for the production of ultra-fine activated calcium carbonate. As a result, Jiawei company can no longer own the results of the technical transformation alone, and suffers losses in technical information and equipment transfer, which weakens its market competitive position and ability. Therefore, the criminal judgment (2004) enxcz No. 65 found that Jiawei company lost a total of 8.6442 million yuan of licensing fees for proprietary technology

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