Shanghai Sentai st coating is punished for improper competition
Shanghai Sentai st coating is punished for improper competition
August 7, 2001
recently, the Shanghai Higher People's court made a final judgment on the unfair competition case of Shanghai Zhengguang chemical plant v. Shanghai Sentai special waterproof building materials
Co., Ltd., and ruled that the defendant should immediately stop its unfair competition, apologize to the plaintiff
and compensate for the corresponding losses
according to the court, Shanghai Hongshun Industrial Co., Ltd., the superior competent unit of Shanghai Zhengguang chemical factory, signed a technology transfer contract with Shanghai Academy of Building Sciences in May 1995, agreeing that Shanghai Academy of Building Sciences would transfer the non patented technology for the production of
st coatings to Hongshun company, Hongshun company uses this technology within the amplitude and frequency range of the company's adjusting spring and pays the relevant use fees of Shanghai Academy of Building Sciences according to the relevant provisions of the contract. In March, 1996, Sentai company signed an agreement with Shanghai Academy of construction sciences. The two sides agreed to jointly operate Sentai company based on the technology of Shanghai Academy of construction sciences. Shanghai Academy of construction sciences is mainly responsible for production technology and product improvement. In 1999, the detection of cable faults became a problem that must be solved. In July, the two sides signed the technology transfer contract on the basis of the above agreement, and Shanghai Academy of Building Sciences transferred the production technology of St coating to Sentai company for use
Jiangsu Yancheng Sanlian company used the st coating of Zhengguang chemical plant when building the No. 2 cooling tower of Sanhe Power Plant and the No. 1 water tower of Hanfeng Power Plant. After being informed, Sentai company has sent letters to relevant units for many times, saying that "Shanghai Zhengguang chemical factory produces fake products and privately prints the word
sample of 'supervised by Shanghai Academy of Building Sciences' on the label, which is really a fake and inferior product." "Zhengguang chemical plant does not have the production conditions, and it has no right to produce this product." At the same time, it is said that it is the only unit licensed by Shanghai Academy of Building Sciences to produce st paint, and has the professional production line and technology
Zhengguang chemical plant believed that Sentai's behavior had greatly damaged its business reputation and commodity reputation, and severely violated the Anti Unfair Competition Law of the people's Republic of China, so it took it to court. After the trial, Shanghai Second Intermediate People's court made a first instance judgment on February 26th, 2001: it found that the behavior of Sentai company had constituted the characteristics and ordinary protection of thedigital electronic tensile testing machine, which had caused a certain degree of economic losses and goodwill losses to Guanghua factory, and should immediately stop its unfair competition behavior, Compensate Zhengguang chemical factory for moral and corresponding losses
after the judgment, Sentai company expressed dissatisfaction and appealed to the Shanghai Higher People's court. The higher people's Court of Shanghai municipality held that the court of first instance had found the facts clear, the application of the law correct and the trial procedure legal, so it rejected the appeal and upheld it
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