Civil Judgment
(2005) Ganmin Sanzhongzi No. 24
The appellant (plaintiff in the original trial) Zhou *ming, male, Han nationality, born on December 5, 1967, is an individual business owner and the owner of Jianming Oriental Reissue Center. Residence: Facade of No. 8, Hongfeng Garden, No. 196 Xunyang East Road, Jiujiang City, ID number: 360622671205001.
The entrusted agent is Li*nan, the legal advisor of Jianming Oriental Reissue Center.
The appellee (defendant in the original trial) Yin*jin (formerly known as Yin*jun), female, Han nationality, born on October 3, 1975, lives in Jiulong, Jiujiang City No. 14, Building A, Yinlongyuan Street, ID number: 360622751003004.
Agent Wu*ming (husband of Yin*jin), Han nationality, born on April 16, 1973, address: Dengbu Town, Yujiang County, Jiangxi Province No. 16, Zhanqian North Road, ID number: 360622197304163939.
The appellant Zhou*ming was dissatisfied with the Jiujiang Intermediate People’s Court (2005) Jiu Zhong Min No. Civil Judgment No. 15, appeal to this court. This court formed a collegial panel in accordance with the law and held a public hearing on November 8, 2005. The appellant Zhou *ming and his agent Li*nan, and the appellee Yin*jin's agent Wu *ming attended the court and participated in the litigation. The trial of this case has now been concluded.
The court of first instance found that after Zhou *ming learned reissue technology from the "Shanghai Oriental Reissue Center", he opened a number of reissue shops in Jiangxi Province. Yin*jin has been working at the Jianming Oriental Reissue Center located at No. 8, Hongfeng Garden, No. 196, Xunyang East Road, Jiujiang City, opened by Zhou*ming in 2003, and was later responsible for customer reception, consultation, film customization, and hair care. , real wig weaving, head mask sending, mailing and acceptance, account registration, etc. In March 2005, Yin*jin left Jianming Oriental Reissue Center and opened the Xiao Yin Professional Reissue Store of Shanghai Reissue Center located at No. 14, Building A, Yinlongyuan, Jiulong Street, Jiujiang City, to engage in reissue services. After Yin Jin opened a hair replacement shop, some of Zhou *ming's customers went to the defendant to receive hair replacement or care services. In a letter to Yin*jin on March 16, 2005, Shan* Hair Factory, the manufacturer of Yin*jin’s goods, stated:Yin * Jin has a good understanding of the factory's products. Even if he is an old customer, the price will be the same as that of an old customer.
The advertising words used in the promotional materials posted in Yin*jin's store and the signboards outside the store are basically the same as those used in Zhou*ming's promotional materials. The before-and-after pictures used by Yin*jin to promote the effect of hair replacement are the same as those used by Zhou*ming. The "Shanghai Beauty and Hair Accessories Factory" reissue order used by Yin*jin has two words crossed out between "Shanghai" and "Beauty", which is similar to the reissue order used by Zhou *ming from "**Oriental Beauty and Hair Accessories Factory" The order is the same. The original trial also found that the hair replacement service provider ordered wigs from the wig factory after pulling the film based on the customer's hair quality and the shape of the hair loss area, and connected the wig to the customer's hair by braiding or fixing it with clips. Film pulling involves measuring the shape of the client's hair loss area and fixing the shape with plastic film. Braiding connects the wig to the client's hair in knots.
The court of first instance held that: a trade secret is one that is not known to the public, can bring economic benefits to the obligee, is practical, and has been kept secret by the obligee. technical information and business information. The conditions for a trade secret are: 1. Confidentiality, that is, it is not known or easily accessible to those who normally handle the information involved. The following factors are usually considered: 1. Whether it is recorded in public publications. 2. Whether it is common knowledge in the field involved. 3. Whether it is a business practice in the field involved. 4. Whether it is disclosed through use. 5. How easy it is to obtain the information. 2. Commercial value, that is, economic benefits and practicality. 3. Reasonable confidentiality measures have been taken. That is, the confidentiality measures adopted are equivalent to the characteristics and value of the trade secret, and will not cause one's trade secret to be in a state of slackness.
