Zheng Zhenhua and his old club Heyuan Fuma Cemented Carbide Co., Ltd. (hereinafter referred to as Fuma Company) launched a lawsuit around the issue of the right to sign the first-class award for a city's Science and Technology Progress Award.
During his tenure as Fuma Company, Zheng Zhenhua obtained the first invention and utility model patents as the first inventor of the signature order, including the invention named “a kind of material boots†and the utility model named “diamond resin grinding wheelâ€. And so many patents involved in the case. However, Zheng Zhenhua found that Fuma Company, with its own consent, will use a number of patented inventions as innovation points to study and apply the key technologies and applications of CNC equipment for automated production of carbide blanks. The project involved was declared the 2015 Heyuan Science and Technology Progress Award Project in Guangdong Province. Zheng Zhenhua believes that the behavior of Fuma Company is suspected of infringing on the right to authorize its technological achievements and the right to receive honors and rewards. It has filed a lawsuit against the Guangzhou Intellectual Property Court and requested the court to confirm that it is the technical achievement completion person of the award-winning project and enjoys scientific and technological achievements. Under the right of authorship, Fuma Company pays spiritual damages and distributes bonuses.
Recently, the Guangzhou Intellectual Property Court passed the trial to make a first-instance judgment, confirming Zheng Zhenhua as the technical accomplisher of the award-winning project and enjoying the right to authorize the completion of the technical achievements; Fuma Company needs to stop infringing Zheng Zhenhua’s performance of the person’s right to sign and pay the spirit Damage to the soothing gold of 10,000 yuan and so on. It is reported that the typical significance of the case lies in the case that the employer should bear the corresponding civil liability for improperly infringing the relevant rights of the inventor to the technical achievements.
Signature dispute
In July 2012, Zheng Zhenhua joined Fuma Company. During his tenure, Zheng Zhenhua, as the first inventor of the signature order, invented a number of invention and utility model patents, all of which were Fuma. In March 2016, Zheng Zhenhua applied to Fuma for resignation, and Fuma Company agreed in writing in April 2016.
On March 22, 2016, Fuma Company and Guangdong University of Technology submitted the 2015 Heyuan Science and Technology Progress Award Project to Guangdong Province to the Science and Technology Bureau of Heyuan City, Guangdong Province. On April 13, 2016, the Office of the Evaluation Committee of the Heyuan Science and Technology Progress Awards issued the “Notice on the Purpose of the 2015 Heyuan Science and Technology Progress Awardsâ€. The contents of the announcement include the involvement of Fuma Company and Guangdong University of Technology as project completion units. For the project, the project completion person does not include Zheng Zhenhua.
On April 20, 2016, Zheng Zhenhua appealed to Heyuan City Science and Technology Bureau. The main reason was that Fuma Company and Guangdong University of Technology did not include it in the project declaration completion, infringing Zheng Zhenhua’s reputation. On April 22 of the same year, the Heyuan Municipal Science and Technology Bureau High-Tech Development and Industrialization Division survey concluded that the principle of demarcation of the person who applied for the Provincial Science and Technology Award was to respect the relevant R&D personnel of the enterprise in the absence of intellectual property disputes. Participate in the awarding arrangement, it is recommended to maintain the city science and technology progress award evaluation results. Zheng Zhenhua signed an opinion "respecting the opinions of the Municipal Science and Technology Bureau and retaining the right of individuals to further appeal."
On May 8, 2016, the People's Government of Heyuan City issued the “Notice of the People's Government of Heyuan City on the Issuance of the 2015 Heyuan Science and Technology Progress Awardâ€. The winners of the first prize include the project involved. The award certificate shows that the winner is Fuma. The company and Guangdong University of Technology. Fuma Company confirmed that it has received a bonus of 100,000 yuan.
After the communication failed, Zheng Zhenhua sued Fuma Company to the Guangzhou Intellectual Property Court.
Court denies infringement
For Zheng Zhenhua's claim, Fuma Company did not agree and made a defense.
First of all, the signature of the patent inventor is not linked to its technical contribution; the cost of the project involves nearly 10 years from development to award-winning, and dozens of people participated in the project development before and after; the project results belong to the new material field, and the core technology is the raw material formula and process. The technical content covers the patents in the declaration. The relevant patents are only used for a small part of the molding process. Due to the immature technology, poor stability and high maintenance cost, the new equipment has been gradually introduced by the enterprise. Eliminated.
Secondly, if there are only a few patents mentioned in it, there is no proprietary technology and trade secrets such as leading cemented carbide material formulation and production process control, and it is impossible to confirm the advancement of technological achievements, and it is even more impossible to obtain municipal scientific and technological achievements. reward.
Thirdly, according to the requirements of material organization, the number of patent supporting materials provided by enterprises should not exceed 10, and the number of technological innovations should generally not exceed four. At the same time, based on the consideration of protecting trade secrets, the patents signed by Zheng Zhenhua will be used as support materials for innovation. .
Comprehensive consideration of judgment
The opinions of the comprehensive parties of the Guangzhou Intellectual Property Court confirmed that the focus of the dispute included Zheng Zhenhua as one of the technical achievements of the award-winning project; whether Fuma should bear civil liability to Zheng Zhenhua.
On the question of whether Zheng Zhenhua is one of the technical achievements of the project involved, the Guangzhou Intellectual Property Court held that the Fuma Company reported the award-winning technical achievements to the Heyuan Science and Technology Bureau. The self-report included four innovations and supported innovation. The material of point 1 includes 2 invention patents and 5 papers, of which 2 invention patents are the inventions of Zheng Zhenhua as the first inventor of signature; the materials supporting innovation 2 include 1 invention patent and 1 utility model patent. 1 software copyright and 4 papers, including 1 invention patent and 1 utility model patent are Zheng Zhenhua's service inventions as the first inventor of signature. The material supporting innovation point 3 is one invention patent, which is Zheng Zhenhua. The invention of the first inventor of the signature is the invention of the invention; the material supporting the innovation point 4 is one invention patent, and it is also the invention invention of Zheng Zhenhua as the first inventor of the signature. Some of the materials supporting the innovation of technological achievements include Zheng Zhenhua's creative contribution in part or in all. It can be concluded that Zheng Zhenhua is a person who makes creative contributions to the technical achievements. It should be confirmed that Zheng Zhenhua is one of the individuals who completed the technical achievements of the award-winning project.
For Fuma, it is said that the technical results involved in the project have been spent for nearly 10 years from development to awards. There are dozens of people involved in project development before and after. Zheng Zhenhua only began to participate in the development of results in 2012. The Guangzhou Intellectual Property Court held that, from the trial, The start time of the project indicated in the declaration of technical achievements involved can confirm that Fuma Company claims to be true, but the personnel who provide funds, equipment, materials, test conditions, organization and management, etc., are not individuals who have completed the technical achievements, and cannot be due to research and development time. Long and a large number of participants, eliminating Zheng Zhenhua's creative contribution to the results.
In addition, Fuma also believes that the results of the involved technical projects belong to the new material field, the core technology is the raw material formula and process, the related patents are only used for a small part of the molding process, due to the immature technology, poor stability, maintenance costs Too high, it has been gradually eliminated by new equipment introduced by enterprises, and it is believed that according to the requirements of material organization, the number of patent support materials provided by enterprises should not exceed 10, and the number of technological innovations is generally no more than four, based on the consideration of protecting trade secrets. The patent signed by Zheng Zhenhua will be used as a support material for innovation. In this regard, the court held that there was no such thing as a narrow range of patents and poor stability in the materials declared by Fuma Company. If Fuma Company did not disclose the business secrets, it would be Zheng Zhenhua. The patents of the first-order inventor as the supporting material for the innovation point should also bear the consequences, including Zheng Zhenhua as the person who completed the technical achievements.
Accordingly, the Guangzhou Intellectual Property Court made the above judgment. Fuma Company refused to appeal, and the case is currently in the appeals process.
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