A,Hua Qi337Survey and case China related action

2010Years2Month, AkzoNobel specialty chemicals (Shanghai) Co., Ltd. (AmericaSIGroup of Shanghai sub company, hereinafter referred to as the "Shanghai Si Group") to the Shanghai City II hospital (hereinafter referred to as the "quadrangle") filed a lawsuit, accused of Hua Qi (Zhangjiagang) Chemical Co., Ltd.(hereinafter referred to as the "China miracle") and Shanghai Si group of directorInfringe upon the business secret and the right of patent application.2011Years3Month, Shanghai San Eli Kurt court to apply for withdrawal, and then in the same case again to the two intermediate people's court proceedings.2012Years1Month, Huaqi to Shanghai Si Group and USASIGroup (hereinafter referred to as"SI") violations of its technical secrets, filed with the court to.

2012Years5Month21Day,SITo the International Trade Commission (USAInternational Trade Commission, Hereinafter referred to as"ITCPut forward ")337Application for investigation, accused Shanghai Huaqi employed by the Si Group factory manager accessSIThe secret technology and manufacturing the products exported to USA market, and application requirementsITCIssued a permanent exclusion order and permanent restraining order.2012Years6Month20Day,ITCDecide to initiate the investigation (case no.:337-TA-849). According to the American law, if the Huaqi lost, the product will be out of American market. Huaqi has hired JUNHE law firms and law firms and lawyers USA actively responding to work, at present the case is in the investigation stage.

Two,ITCIn this case the13Award

2012Years10Month1Day,SIToITCA motion, requestITCProhibit the respondent Huaqi attorney Ran Ruixue Jun He law (hereinafter collectively referred to as "Huaqi attorney") contactSICommercial secret group, requestITCStop acting the lawyer Jean snow requirements337Investigation and litigation in China association.SIClaims of Huaqi attorney agent at the same time both sides of litigation, will lead toSIDisclosure of commercial secrets and improper use, thus violatingITCIn the2012Years6Month26DayRelease of the business secret protection order.

2012Years10Month10DayHua Qi, andITCThe investigation of the case assigned lawyers objected to this move.ITCIn the2012Years11Month6DayA verdict, onSIThe group motion does not support, affirmed the Hua Qi337The lawyer Jean snow can also agent Chinese domestic related action.ITCThinkSIThe claim is unfounded. IfITCApprovalSIClaims, means337Case attorney cannot represent other related litigation. In USA,337Widespread related action investigation, lawyers can also agent337Case and federal court patent litigation. In this case the Huaqi attorney agent337Case and the associated China domestic litigation similarly, should not be banned. And, China lawyers involved in the case for Hua Qi, is of vital significance, because many facts and cases related to occur in the China.

Three,ITCThe new ruling significance

ITCIn this case the13The ruling affirmed No.337Investigation of the Chinese lawyers can also proxy related action Chinese domestic. The China lawyers to help Chinese enterprises to carry out337It is important to survey and related litigation.337The investigation procedure is relatively complex, professional and strong, has the characteristics of rapid development, require enterprises to prepare a large number of files within a short time and provide a lot of information, to suit the domestic enterprises, is a big challenge. And Chinese enterprises an important337Survey, most have related action in Chinese domestic. If337The lawyer can also agents of domestic related action, is familiar with the America337The work of responding to Chinese lawyer investigation can help organizations Chinese coordination between China and the United States on both sides of the enterprise, is conducive to the establishment of a comprehensive strategy to co-ordinate arrangements for the work, responding to both sides, to help enterprises to provide cost saving, lawsuit efficiency.

For Chinese lawyer industry growing, this award for China attorney337Further investigation opened business space.2006Years,ITCThe administrative judge in Changchun high lysine investigation confirmed Ran Ruixue's lawyer has the right to sign the business secret protection order, since then, has Chinese lawyer a state USA qualification as a core member of legal team to the essence of America agent337Survey. In this case the13Award confirmed agent337Chinese lawyer investigation can also agent Chinese domestic related action. China lawyers can not only substantive participation337Survey, also can help domestic related action, the decision to further broaden the China lawyer business space.