Recently, the Hangzhou Intellectual Property Tribunal released the "Top Ten Typical Intellectual Property Cases of Hangzhou Courts in Serving and Safeguarding High-Quality Development of Scientific and Technological Innovation (2022-2025)." Among them, a pioneering case in which data products were protected as trade secrets, led by Senior Partner Wang Jin of Jincheng Tongda & Neal Law Firm and handled by Partner Shen Zhenhua, was successfully selected. [Case Nine]
The involved software is a data product developed by an e-commerce platform, providing business analysis and decision-making references for merchants. Merchants are required to comply with confidentiality clauses when signing service agreements. Miao XX provided the sub-account he controlled to Yang XX, who was not a party to the case, allowing Yang XX to browse commercial information within the software. The Market Supervision and Administration Bureau of District A in Hangzhou determined that Miao XX had violated the confidentiality obligation by disclosing trade secrets and constituted an infringement. The bureau imposed a penalty: ordering the cessation of the infringement and a fine of 50,000 yuan. Miao XX was dissatisfied and initiated an administrative lawsuit. Ultimately, the Hangzhou Intermediate People's Court rejected Miao XX's litigation request and upheld the administrative penalty and reconsideration decision. (Details of the case)
This pioneering judicial case, in which data products were protected as trade secrets, is not the first time the case has been affirmed at the judicial level. Previously, the case had successively been selected as a typical case in the 2024 Hangzhou Court's service and safeguarding of the development of new-quality productive forces, as well as a typical case of trade secret protection jointly released by the Hangzhou Intermediate People's Court, the Hangzhou People's Procuratorate, the Hangzhou Public Security Bureau, and the Hangzhou Market Supervision and Administration Bureau.
Wang Jin
Senior Partner
Wang Jin also serves as a member of the Intellectual Property Business Committee and the Corporate Legal Advisor Business Committee of the All-China Lawyers Association, a standing director of the Zhejiang Provincial Lawyers Association and the Hangzhou Lawyers Association, a supervisor of the Zhejiang Provincial Party Committee and Provincial Government's Petition Bureau, a special inspector of the Zhejiang Provincial Party Committee's Political and Legal Affairs Commission, a member of the Legal Advisory Committee of the China Overseas Chinese Federation and the Zhejiang Provincial Overseas Chinese Office's Lawyer Advisory Group, an arbitrator of the Hangzhou Arbitration Commission, Taizhou Arbitration Commission, and Quzhou Arbitration Commission, a practical tutor at the School of Law of Zhejiang University of Technology and Zhejiang Gongshang University, and an independent director of Hangzhou Cable Co., Ltd., Xiangyi Rongtong Investment Co., Ltd., Infineon Technologies (Hangzhou) Co., Ltd., Hanghua Ink Co., Ltd., and Zhejiang Rifu Electric Co., Ltd.
Shen Zhenhua
Partner
Shen Zhenhua, with over 10 years of practice, currently serves as a member of the Intellectual Property Professional Committee of the Hangzhou Lawyers Association, a member of the Internet Professional Committee of the Zhejiang Provincial Lawyers Association, and a mediator of the "Hangzhou People's Mediation Committee" of the Hangzhou Lawyers Association. Lawyer Shen Zhenhua has extensive experience and has accumulated a wealth of experience in the fields of civil and commercial litigation, corporate law, and unfair competition.
The selection of this typical case reflects Jincheng Tongda & Neal Law Firm's professional strength and profound experience in the field of intellectual property. Relying on solid legal foundations and precise legal strategies, Jincheng Tongda & Neal Law Firm successfully safeguarded the legitimate rights and interests of the parties and set a judicial example for the application of copyright law. In the future, Jincheng Tongda & Neal Law Firm will continue to actively participate in and promote intellectual property protection, contributing wisdom and strength to the construction of a rule-of-law business environment and the high-quality development of the cultural industry.
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