(1) Basic Facts
Shenzhen xxx Yuan Technology Co., Ltd., xxx, and xxx Technology (Shenzhen) Co., Ltd. (the Chinese name of xxx Yuan Technology (Shenzhen) Co., Ltd.) filed a civil lawsuit with the Intermediate People's Court of Dongguan City, Guangdong Province, claiming that Dongguan xxxx Technology Co., Ltd. infringed upon their trade secrets. In this case, we are the agent representing the defendant and are defending against the plaintiff's claims.
The Intermediate People's Court of Dongguan City, Guangdong Province held that the commercial secrets claimed by the plaintiff did not comply with the provisions of Article 9 of the "Anti-Unfair Competition Law of the People's Republic of China" and the relevant provisions of the "Interpretation on Several Issues Concerning the Application of Law in Civil Cases of Unfair Competition" by the Supreme People's Court. The evidence presented by the plaintiff to claim that Lifang Company infringed upon its commercial secrets was insufficient. Therefore, the court completely rejected the plaintiff's claims.
According to Article 9 of the "Anti-Unfair Competition Law of the People's Republic of China" and the relevant provisions of the "Interpretation by the Supreme People's Court on Several Issues Concerning the Application of Law in Civil Cases Involving Unfair Competition", a trade secret refers to technical information, business information, and other commercial information that is not known to the public, has commercial value, and has been subject to corresponding confidentiality measures by the rights holder. Among the trade secrets, the customer list generally refers to the names, addresses, contact information of customers, as well as their transaction habits, intentions, contents, etc., which are special customer information distinct from the publicly known information.