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Antiseptic Steel-Lined Glass Factory of Jiaocheng County v. Guo Zhimin, Liu Jiadong and Wang Caimao (A case about disputes over infringement of unpatented technology)
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交城县防腐钢衬玻璃厂诉郭志敏、刘家栋、王财茂非专利技术侵权纠纷案
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Antiseptic Steel-Lined Glass Factory of Jiaocheng County v. Guo Zhimin, Liu Jiadong and Wang Caimao (A case about disputes over infringement of unpatented technology)
(A case about disputes over infringement of unpatented technology)
交城县防腐钢衬玻璃厂诉郭志敏、刘家栋、王财茂非专利技术侵权纠纷案
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Antiseptic Steel-Lined Glass Factory of Jiaocheng County v. Guo Zhimin, Liu Jiadong and Wang Caimao
(A case about disputes over infringement of unpatented technology) | | 交城县防腐钢衬玻璃厂诉 |
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郭志敏、刘家栋、王财茂非专利技术侵权纠纷案 |
BASIC FACTS | |
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Plaintiff: Antiseptic Steel-Lined Glass Factory of Jiaocheng County, Shanxi Province. | |
原告：山西省交城县防腐钢衬玻璃厂。 |
Legal representative: Jia Shibao, director of this factory. | |
法定代表人：贾世堡，厂长。 |
Defendant: Guo Zhimin, male, 40, employee of the Department Store of Jiaocheng County, Shanxi Province, residing in Jiaocheng county town. | |
被告：郭志敏，男，４０岁，山西省交城县百货公司职工，住交城县城内。 |
Defendant: Liu Jiadong, male, 43, employee of Antiseptic Steel-Lined Glass Factory of Jiaocheng County, Shanxi Province, residing in Jiaocheng county town. | |
被告：刘家栋，男，４３岁，山西省交城县防腐钢衬玻璃厂职工，住交城县城内。 |
Defendant: Wang Caimao, male, 37, employee of Antiseptic Steel-Lined Glass Factory of Jiaocheng County, Shanxi Province, residing in Jiaocheng county town. | |
被告：王财茂，男，３７岁，山西省交城县防腐钢衬玻璃厂职工，住交城县城内。 |
In respect of disputes over infringement of unpatented technology with the defendants, Guo Zhimin, Liu Jiadong and Wang Caimao, the plaintiff, Antiseptic Steel-Lined Glass Factory of Jiaocheng County, Shanxi Province (the “Glass Factory”), instituted an action in the People's Court of Jiaocheng County, Shanxi Province. | |
原告山西省交城县防腐钢衬玻璃厂（以下简称玻璃厂）因与被告郭志敏、刘家栋、王财茂发生非专利技术侵权纠纷，向山西省交城县人民法院提起诉讼。 |
The plaintiff alleged that: the “antiseptic steel-lined glass pipe” was the technical achievement independently made by this factory. For years, this factory had used this technology to produce steel-lined glass pipes of more than 1,000 ton with a total production value of 7 million yuan, and more than 100 clients had used such products. However, since early 1993, the defendants, Guo Zhimin, Liu Jiadong and Wang Caimao, through “Shanjin Antiseptic Equipment Factory” formed in the form of partnership, had used, without payments, the plaintiff's technology in production, and drawn away the old clients of the plaintiff, causing the cessation of production and unemployment of workers of the plaintiff as well as economic losses up to 300,000 yuan. The plaintiff requested the court to order Guo Zhimin, Liu Jiadong and Wang Caimao to desist from infringement immediately and compensate the plaintiff for losses incurred. | |
原告诉称：“钢衬玻璃防腐管件”是我厂独立完成的技术成果。多年来，我厂利用此项技术生产的衬管产品已达１０００多吨，总产值达７００万元，使用此项产品的客户已达１００余家。但是自１９９３年初，被告郭志敏、刘家栋、王财茂利用合伙开办的“山晋防腐设备厂”，无偿使用我厂的“钢衬玻璃防腐管件”技术生产产品，拉走我厂的老客户，致使我厂停产，工人失业，遭受经济损失达３０万元。请求判令郭志敏、刘家栋、王财茂立即停止侵权行为，并赔偿我厂遭受的损失。 |
The three defendants including Guo Zhimin pleaded that: it was true that the “antiseptic steel-lined glass pipe” was the technology owned by the plaintiff, it was improper for them to use this technology in production to make profits, and they agreed to compensate the plaintiff. However, for the antiseptic steel-lined glass products produced by using this technology were so endurable that an ordinary user of this product would not purchase it again within a short period of time, it was unfounded for the plaintiff to allege that they had drawn away the plaintiff's old clients. The economic losses suffered by the plaintiff were related to the recession and poor management of the enterprise, so the defendants would not agree to compensate the plaintiff for such losses. | |
被告郭志敏等３人辩称：“钢衬玻璃防腐管件”是原告所有的技术一节属实，我们３人利用此项技术生产产品获利的行为欠妥，同意给原告赔偿。但是，因利用此项技术生产出来的钢衬玻璃防腐产品，经久耐用，一般用户使用此产品后不会在短期内又来购买，所以原告指控我们拉走老客户一节失实。原告所遭受的经济损失，与企业不景气和原告经营不善有关，故不能同意按原告请求赔偿。 |
Through trial, the People's Court of Jiaocheng County found that: the “antiseptic steel-lined glass pipe” was successfully developed in 1984 under a science and technology project of the Science and Technology Commission of Shanxi Province accepted in 1983. Afterwards, this technology was gradually enhanced with the trial production and promotion. In 1987, the Science and Technology Commission of Lǚliang Administrative Office of Shanxi Province adopted the authentication of this technology, and issued a certificate of authentication of science and technology achievement. Later, this technology received awards from the No.2 Light Industry Department of Shanxi Province, the Science and Technology Commission of Shanxi Province and the Expo of National Xinghuo Plan Achievements. | |
交城县人民法院经审理查明：“钢衬玻璃防腐管件”是原告玻璃厂于１９８３年承接的山西省科学技术委员会的科研项目，１９８４年试制成功。其后，经过边试产、边推广，逐步使此项技术完善。１９８７年山西省吕梁行署科委通过了对此项技术的鉴定，颁发了科学技术成果鉴定证书。之后，此项技术又陆续获得山西省第二轻工业厅、山西省科委以及全国星火计划成果博览会的奖励。 |
During the research and development period of the “antiseptic steel-lined glass pipe”, the defendant, Guo Zhimin served as the plaintiff's deputy director in charge of production and the defendant, Liu Jiadong served as the plaintiff's plant director, both of whom had participated in the research and development work and obtained the certificate and prize for service technology achievement. The defendant, Wang Caimao was a salesperson of this product within the Glass Factory. In early 1993, the three defendants formed a partnership, “Shanjin Antiseptic Equipment Factory” to use the technology of “antiseptic steel-lined glass pipe” in production to supply products to the market, and more than 70,000 yuan of profits had been made. Such profits had transformed into the production costs of “Shanjin Antiseptic Equipment Factory”. Due to the acts of the three defendants, the products of the Glass Factory became unmarketable, the production and economic benefits of the Glass Factory plummeted, and the Glass Factory suffered certain economic losses.
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在“钢衬玻璃防腐管件”研制期间，被告郭志敏担任原告玻璃厂的主管生产副厂长，被告刘家栋担任车间主任，均因参与了研制工作而获得职务技术成果证书和奖金。被告王财茂是玻璃厂内专销此项产品的推销员。１９９３年初，３被告合伙成立了“山晋防腐设备厂”，利用“钢衬玻璃防腐管件”技术生产产品供应市场，共获利润７万余元。此项利润已经转化为“山晋防腐设备厂”的生产费用。由于３被告的行为，致使玻璃厂产品滞销，生产与经济效益下滑，遭受了一定的经济损失。
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