Zhiheng lawyer undertook 2 cases and was selected as a typical case of Shenzhen lawyer business in 2023

In order to give full play to the guiding role of typical cases, enhance the legal service capabilities of Shenzhen lawyers, and promote the professional development of the Shenzhen lawyer industry, the Municipal Law Association launched the selection of typical cases of Shenzhen lawyer business in 2023, selecting 2

55typical cases in 60 fields.

Among them, Zhang Nannan, director of Zhiheng Criminal Center, Guo Liang, deputy director of Criminal Center, Gan Dingzhong, deputy director of Criminal Center, and the "case of Xiao, Zhou and other 6 people disseminating obscene materials for profit" handled by Criminal Center members Li Kaoling and Li Ka-shing were selected as a typical case in the field of financial, commercial, and duty crime defense; Li Weixiang, director of Zhiheng Intellectual Property Center, and Zhou Xiaojie, director of the Trade Secret Law Professional Committee of Intellectual Property Center, handled "Dongguan A Co., Ltd. v. Shenzhen B Co., Ltd. and Liu's dispute over infringement of trade secrets" was selected as a typical case in the field of intellectual property (trade secrets).

Case brief

Xiao, Zhou and other 6 people spread obscene materials for profit

In January 2020, Xiao, Zhou and Yang co-founded the "Gentleman Comics" platform. *******ught the source code of the Gentleman Comics platform from Shen at a price of 5,000 yuan, and then used the "locomotive" software to upload the downloaded comics collected on other official accounts to the Alibaba Cloud Gentleman Comics database.

Xiao is responsible for uploading comics and platforms, daily maintenance, fund settlement, etc. Zhou is responsible for developing agents, Yang is responsible for the promotion of gentleman comics WeChat official account, and the three get profit sharing at 4:3:3. Readers can read a few pages of electronic comics for free through the "gentleman comics" WeChat official account. If you read the comics again, you need to recharge. It takes 49 gold coins to read a chapter of comics. After recharging as a member, you don't need to deduct gold coins to read the comics.

According to different recharge amounts, 7-day, monthly and annual membership can be handled. As of May 19, 2020, there were 360 comics on the platform, and a total of 825 pictures were identified as obscene pictures. The total recharge amount of the platform was 1236,349 yuan. The recharge amount of the platform was divided 9:1 between the agent and the platform. Xiao, Zhou, Yang and others made a total profit of 246,911.55 yuan, of which Xiao made more than 98,000 yuan, Zhou and Yang each made more than 74,0

00yuan; Shen made more than 7,000 yuan.

Yang illegally profited 50,172.95 yuan as an agent, Xiong illegally profited 21,270 yuan as an agent. Yang took the initiative to surrender to the public security organ. Xiao, Zhou and Yang respectively refunded 100,000 yuan of illegal income; Shen refunded 15,000 yuan of illegal income; Yang refunded 50,172.95 yuan of illegal income; Xiong refunded 21,2

70yuan of illegal income.

Xiao was recommended to be sentenced to six to seven years in prison with a fine. Zhou was recommended to be sentenced to six to seven years in prison with a fine. Defendant Yang was recommended to be sentenced to five years and six months to six years and six months with a fine. Shen was recommended to be sentenced to six to seven years with a fine.

The original investigation organ of this case was Zhejiang Lanxi Public Security Bureau, and later moved the case to Shanxi Pingding Public Security Bureau. After the case arrived at the court, in the face of the procuratorate's sentencing recommendation, the parties fell into a panic. The parties retrieved lawyer Zhiheng through the Internet, and Yang made an appointment for Zhou and the latter two to fly to Shenzhen from Hangzhou and Fujian respectively to interview lawyer Zhiheng.

After listening to lawyer Zhiheng's in-depth analysis of the case and giving professional defense ideas, the parties immediately decided to entrust lawyer Zhiheng to defend all the first four defendants involved in the case. After accepting the commission, lawyer Zhiheng immediately flew to the Shanxi court to review the papers. After reviewing the papers, lawyer Zhiheng determined the direction of innocent defense and submitted 11 applications to the court for obtaining evidence, excluding illegal evidence, and holding a pretrial conference.

After the pretrial conference, the court returned the case to the investigation organ for supplementary investigation. After the first trial, the court was unable to issue a judgment. After many consultations, the court's opinion was that if the parties pleaded guilty and accepted the punishment, they could consider lenient punishment. After soliciting the parties' opinions, the court held a second hearing.

Shortly after the client pleaded guilty, the court sentenced the client to full probation. Although he could not get away with the crime, compared with the original sentencing recommendation, the client was very satisfied with the result. After receiving the judgment, the client sent banners to express his gratitude. The reason why this case has achieved a better defense effect is that, firstly, it benefits from the trust of the parties, and the communication is smooth during the handling of the case; secondly, it reflects the professionalism of lawyers and gives full play to the effect of team defense; thirdly, it strengthens the review and cross-examination of electronic data, makes full use of visual defense skills, produces videos, uploads and reads electronic comics, recharges, and bank transfer to make process color maps, which enhances the defense effect.

The fourth is to strengthen close communication with the case-handling organs before and after the trial, and to impress the judges with professional ability and dedication, so as to promote the development of the case in a direction that is beneficial to the parties.

Host Team

Case brief

Dongguan A Co., Ltd. v. Shenzhen B Co., Ltd. and Liu for infringement of trade secrets

Dongguan Company A independently developed and completed the relevant technical solutions for the products involved. The relevant technical solutions are not known to the public, can bring competitive advantages to Dongguan Company A, and have taken reasonable confidentiality measures, which constitute "trade secrets" protected by the Anti-Unfair Competition Law of the People's Republic of China.

Liu used to work for Dongguan Company A, during which he came into contact with and mastered the technical solutions of the products involved in the case. Liu joined Shenzhen Company B shortly after leaving Dongguan Company A, and Shenzhen Company B preemptively applied for a patent. Dongguan Company A initiated a trade secret infringement lawsuit against Shenzhen Company B and Liu.

This case is a difficult and complex case involving infringement of technical secrets, involving disputes in judicial practice such as "whether the non-public element is established" in trade secret cases, "how to evaluate the relationship between secrecy and patent novelty", and "how to correctly understand and apply Article

32of the Anti-Law".

How to determine the "secrecy" of trade secrets and how to bear the burden of proof for infringement are always difficult issues in trade secret cases in judicial practice, and also the key to whether the right holder of trade secrets, as the party who initiates the infringement lawsuit, can win the lawsuit.

In the litigation game between Zhiheng lawyer and his competitors, he provided his clients with a comprehensive rights protection plan involving patent infringement, patent ownership disputes, professional inventions and creations, and trade secret infringement. The case was awarded the final judgment of the Supreme People's Court, which determined that the other party constituted trade secret infringement and bore the legal consequences of stopping the infringement and compensating for losses. The first-instance judgment was revoked and the party represented by Zhiheng was awarded the victory, becoming one of the few typical cases of trade secrets directly withdrawn by the Supreme Court.

Zhiheng lawyers have won a series of ***************** cases for their clients, assisting them in effectively defending their rights, fully demonstrating Zhiheng's first-class professional level in the field of intellectual property dispute ********** and ability to handle complex disputes.

Host lawyer

The selection reflects the high recognition and affirmation of the professional level and service ability of Zhiheng lawyers by the Shenzhen Law Association. Zhiheng lawyers will cherish the honor, deepen their professionalism, continuously explore innovative products of legal services, empower Zhiheng to develop with high quality, and promote the innovation and development of the legal service industry.