论文部分内容阅读
北人集团公司诉河南新乡机床厂侵犯商业秘密案,经过7年零8个月的审理,于2001年8月21日终审胜诉,终于讨回公道,讨回说法。令人高兴之余也引出一些思考: 反不正当竞争法威慑力度不够。1.“北人”从1993年8月发现图纸被盗,开始调查取证,到终审胜诉历时整整8年。在这8年时间里,违法者继续实施侵害行为,没能及时制止,被侵害者没能得到法律的及时保护。2.在本案一审审理过程中,原告“北人”代理人到新乡调查取证,被新乡机床厂非法扣押7天,经国家公安部出面才获解救。3.由于侵犯商业秘密的产品以低价进入市场,“北人”被迫降价,仅1994年当年经济损失即达3185万元,而赔偿额二
Beiren Group v. Henan Xinxiang Machine Tool Plant infringement of commercial secrets case, after seven years and eight months trial, the final verdict on August 21, 2001, and finally seek justice, get rid of the argument. I am also happy to lead some reflections: anti-unfair competition law is not enough deterrent. 1. The Beiren discovered that the drawings were stolen in August 1993 and started investigating and obtaining evidence. It took a total of 8 years to win the final trial. During these eight years, offenders continued to commit violations and failed to stop them in time. The victims were not protected in time by law. 2. In the trial of the case in the first instance, the plaintiff “Beiren” agent went to Xinxiang for investigation and evidence collection and was illegally detained for 7 days by Xinxiang Machine Tool Plant before being rescued by the Ministry of Public Security. 3. As the products infringing on trade secrets entered the market at a low price, the Beiren was forced to reduce its prices. In 1994 alone, the economic losses amounted to 31.85 million yuan,