The Court Confirms Sino Legend’s Technical Secret Misappropriated and Issues A B
The Court Confirms Sino Legend’s Technical Secret Misappropriated and Issues A Ban On Disclosure And Use Against SI Group
Zhangjiagang, China, April 28, 2016/PRNewswire/-Sino Legend (China) Chemical Ltd. gets a victory in a lawsuit against SI Group Inc. (“American SI”), SI Group Chemical (Shanghai)(“Shanghai SI”)(collectively as “SI Group”) and SSTC. Today, Shanghai NO.2 Intermediate Court confirms the fact that SI Group have misappropriated Sino Legend’s technical secrets and issues a ban on disclosure and use against SI Group.
Both Sino Legend and SI Group are manufacturers of phenolic resin for tire. They are engaging several lawsuits in intellectual property dated back to 2008 in China. Till now, Sino Legend has gotten all victories in all lawsuits which have been determined by a Court.
On November 26th, 2008, Shanghai SI filed a criminal charge to Shanghai Public Security Bureau complaining that its commercial secrets were misappropriated by Sino Legend. After Shanghai Public Security commissioned SSTC to certify among the commercial secrets from both parties, it dismissed the case due to no criminal act found. On March 5th, 2010, Shanghai SI filed two lawsuits against Sino Legend on the causes of actions of patent application and commercial secret misappropriation in Shanghai NO.2 Intermediary Court. On March 24th, 2011, SI Shanghai withdrew the foregoing lawsuits and however on the date of 29 in the same month filed two same lawsuits with the same causes of actions together with American SI. Shanghai NO.2 Intermediary Court judged that all the Sino Legend’s products were resulting from their independent research and all the claims of SI Group had no factual base on June 17th, 2013. Shanghai High Court dismissed an appeal from SI Group on the October 12th, 2013, holding that the appeal having no factual and legal bases.
On May 21st, 2014, Sino Legend filed a lawsuit against Shanghai SI alleging that defamation occurred that Shanghai SI sent untrue and misleading information to Sino Legend’s customers at home and abroad and published false information concerning with Sino Legend on its website. Zhangjiagang Court confirmed that Shanghai SI committed an act of defamation and held Shanghai SI to publish a clarification letter on designated medias respectively and sent it to designated customers respectively. Meanwhile, 1 million RMB compensation ruling to pay to Sino Legend for the economic losses.
On November 28th, 2013, Sino Legend added SI Group and SSTC as the defendants in the lawsuit of technical secret misappropriation. The court publishes a verdict today.
Shanghai NO.2 Intermediate Court renders that Sino Legend’s secrets are Non-public intellectuals and SI Group have illegally acquired Sino Legend’s secrets by criminal and civil proceedings. Thus, Shanghai NO.2 Intermediate Court issues a ban against SI Group on disclosure and use of all the secrets alleged by Sino Legend in the lawsuit.
Corey Xie, General Manager of Sino Legend says: “the judgment from the court protects the interests of Sino Legend to the extent, but it is not enough.” “We understand that SI Group have acquired Sino Legend’s technical secrets in illegal way. Especially in the verdict, the Court confirms that there are Sino Legend’s technical secrets in the SSTC04-1 and SSTC04-2 reports which were made by SSTC and acquired by SI Group in illegal way. The two reports containing Sino Legend’s secrets shall theoretically be not obtained by any identity except SSTC and Shanghai Public Security Bureau; however, they were obtained by SI Group obviously in illegal and abnormal way. Sino Legend will seek a criminal proceeding to put speculative criminals punished as to its illegal act.” Head of legal department of Sino Legend says: “Sino Legend will protect its intellectual property seriously all the time. Any act infringing our intellectual property will be punished in legal action. Sino Legend believes that all we do will be supported by the public.”
Sino Legend is one of globally leading manufacturer of phenolic resin for tire. Since the establishment, we constantly invest on R&D, national R&D Center, and we make technical innovations. We are acknowledged by the customers with stable quality and supply which are safeguarded by modern production equipment and strict quality control system such as TS16949. Sino Legend believes that only strongly judicial protection can protect our intellectual property and assure that the Chinese companies make innovation constantly, and then spring up more and more edged technology leading in a competition. In the fast growing, Sino Legend gives more attention to social responsibility and sustainable development. We especially found social welfare department, focusing on subsidizing poor students and families in schooling and treatment of congenital heart disease. Sino Legend has achieved a lot in development and assured long-term supply for customers as same as invested on environmental protection in a large scale.
More information about Sino Legend, please visit website: www. Sinolegend.com
Sino Legend (China) Chemical Ltd.
Tel: +86 18936126088
E-mail: [email protected]