Huawei and the former employee intellectual property dispute case

zhaozj2021-02-16  61

Watching some: Use criminal means to solve high-tech intellectual property disputes, will have a major impact on my country's intellectual property legal system, and there is almost no exception to solve the legal means of civil lawsuit. Such as: Cisco v. Hua is an infringement case, Huawei and Zhongxing business disputes and so on. However, between enterprises and individuals, especially the intellectual property disputes between enterprises and employees, such as Huawei's intellectual property disputes in the former employee will become a special case, and go on the track of criminal cases? First, enterprises and individuals, especially those with employees, is weak, and in the absence of intellectual property protection environment, companies are easier to find "shortcut" to solve problems. Second, the disputes between the enterprises are essentially the competition for commercial interests. However, in addition to commercial interests, enterprises and individual intellectual property disputes, in addition to commercial interests, the internal management, labor system, culture (human resources, corporate culture), in high-tech industries, companies cause talent loss due to internal management, and lose competition The situation is not uncommon, and the dispute is solved with criminal unconventional means. It can curb the competitors in the outside. It seems that the inside of the inside seems to be temporarily eased to the impact of talent to enterprises. The process of the intellectual property dispute in Huawei and 3 employees from civil proceedings as criminal cases. In October 2002, Huawei got a civil court in Shanghai, in Shanghai, but due to the respective evidence of both parties, the comparison of complex high-tech product technology, Identification requires a considerable time, Huawei is difficult to have absolutely win. So, Huawei found the law "shortcut", using special means to change civil disputes into criminal cases, arresting the main person in charge of the other company. Huawei's party in civil disputes, became a reporter of criminal cases, and then became a "collaborator" in succession, and Huawei has greatly enhanced the ability to control the case. Authoritative legal experts pointed out that disputes involving high-tech contents are resolved in criminal means in the past, and should be extremely cautious from legal treatment. Otherwise, the significant impact will result in a major impact, and the impact on the current intellectual property legal system. Watch 2: Does the legal doubts during the case, does it indicate some result? Huawei and 3-prior employee disputes have been reported by Jiamusi - Hangzhou arrested - Shenzhen detention, time up to 19 months, the case process is intriguing. Choosing Jiamusi as a space that broke out Huawei drilled the legal jurisdiction, using the lack of the experience of intellectual property cases to assist the police to participate in the police. Jiamusi police have no ability to identify high-tech technology products. Huawei uses this, training, assistance as named, leading the case to the right direction. Is the basis for criminal cases? Three parties were detained, the judicial organs took over, and the identification time was 19 months, and the complexity of intellectual property issues in high-tech fields was fully proved. Whether the evidence is sufficient is the key to criminal file, and it is also the core of this case. Jiamusian police filed a significant shortcomings. In the case of authoritative identification of product technology, how to guarantee justice law enforcement. Is the process of collecting evidence illegal? Huawei assisted the police to handle the case. In the collection process, Huawei eats the same, Song, Huawei Intellectual Property Department, and Guo I also participate in the trial. In addition, the police checked the three-person computer hard drive with Huawei, and master these hard disk data from Huawei's technicians, how to guarantee that it is not modified and exchanged. Watch 3: What is the use of this carefully? In such a case, although it is carefully designed, he has left a heavy legal doubt.

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