Supreme Law Intellectual Property Dispute Determination Rules | Whether the information network infringement jurisdiction is applicable to trade secret infringement disputes.
Published:
2020-10-23
Source of the problem
According to Article 25 of the "Interpretation of the Supreme People's Court on the Application of the the People's Republic of China Civil Procedure Law", "The place where the information network infringement is committed includes the location of the computer and other information equipment that committed the alleged infringement, and the place where the infringement result occurred includes the domicile of the infringed." From the perspective of intellectual property sales infringement, the Supreme Court's ruling rule does not consider the place of receipt of online shopping as the place of infringement, nor does it consider that the court of the place of residence of the infringed has jurisdiction, so in principle the aforementioned clause does not apply. However, whether the infringement of trade secrets in the information network can be regarded as the place of residence of the infringed person as the place where the result of the infringement occurs, and the provisions of the judicial interpretation shall apply?
Supreme Court ruling
(2020) The appellant Zhejiang Panxing Information Technology Co., Ltd. (hereinafter referred to as Panxing Company) and Zhejiang Panshi Information Technology Co., Ltd. (hereinafter referred to as Panshi Company) of the Supreme Law Zhimin Jurisdiction No. 323 are responsible for the dispute over the infringement of technical secrets with the appellee Shenzhen Huaer Bloom Network Technology Co., Ltd. (hereinafter referred to as Huaer Bloom Company). After examination, this hospital believes that, "The focus of the dispute in this case is: (1) Whether the infringement of technical secrets can be applied to Article 25 of the interpretation of the Civil Procedure Law; How to determine the jurisdiction court (II) this case. According to Article 25 of the Interpretation of the Civil Procedure Law, the place where the information network infringement is committed includes the location of the computer and other information equipment that committed the alleged infringement, and the place where the infringement result occurred includes the place of residence of the infringed. The Civil Procedure Law interprets that the above-mentioned information network infringement has a specific meaning. It usually refers to the act of the infringer using the Internet to publish information that directly infringes the legitimate rights and interests of others, and requires the implementation of the alleged infringement and the occurrence of damage results to be on the information network, including infringement of civil rights such as information network dissemination rights and reputation rights.
This case is a dispute over infringement of technical secrets. In this case, Huaer Blooming Company claims that 965 source code files corresponding to 20 technical points in the multi-guest software constitute trade secrets, and network users luxin212121 publish the source code containing the aforementioned trade secrets to the Github public repository and other repositories, so that the unspecified public can know. The implementation and damage results of the infringement of technical secrets in this case all occurred on the Internet. Therefore, the infringement of technical secrets claimed in this case should belong to the information network infringement stipulated in Article 25 of the interpretation of the Civil Procedure Law, and the provisions of Article 25 of the interpretation of the Civil Procedure Law can be applied. Accordingly, the place where the infringement result of this case occurred includes the domicile of the infringed Huaer Bloom Company, and the domicile of Huaer Bloom Company can be used as the connection point of jurisdiction in this case."
Depth analysis
At present, the Supreme People's Court has three judicial interpretations of information network infringement:
1. The place where the information network infringement is carried out includes the location of the computer and other information equipment that carried out the alleged infringement, and the place where the infringement result occurred includes the domicile of the infringed. -Article 25 of the Interpretation of the Supreme People's Court on the Application of the the People's Republic of China Civil Procedure Law (Interpretation No. 5 [2015] of January 30, 2015)
2. A lawsuit brought by the use of information networks for infringement of personal rights and interests shall be under the jurisdiction of the people's court of the place of infringement or the place where the defendant has his domicile. The place where the infringement is committed includes the location of the terminal equipment such as the computer that committed the alleged infringement, and the place where the infringement result occurred includes the place of residence of the infringed. -Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes over the Use of Information Networks to Infringe Personal Rights and Interests (August 21, 2014, Fa Shi [2014] No. 11)
3. Civil disputes over infringement of the right to disseminate information on the Internet shall be under the jurisdiction of the people's court of the place of infringement or the place where the defendant has his domicile. The place of infringement includes the location of the network server, computer terminal and other equipment that implements the alleged infringement. If both the place of infringement and the place of domicile of the defendant are difficult to determine or are outside the country, the place where the plaintiff finds the infringing content, such as the computer terminal, can be regarded as the place of infringement. -Article 15 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Infringing the Right of Information Network Dissemination (Fa Shi [2012] No. 20, December 17, 2012)
The aforementioned judicial interpretations adopt a consistent view on information network infringement (including infringement of the right to disseminate information network), and the place of infringement results includes the place of residence of the infringed. (2020) The Supreme People's Court ruling No. 323 of the Supreme People's Court of the People's Republic of China further states that information network infringement "requires the implementation of the alleged infringement and the occurrence of damage results to be on the information network", that is, network infringement occurs on the network as well as on the network. Although the final substantial damage will be offline, it does not affect the judgment of confirming information network infringement.
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