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Lianjie delegate accepts domestic and foreign enterprises, a survey of enterprises product counterfeiting cases been infringed by: thonghts Sazi and princoples; storage warehouse counterfeiting infringement of the product market clamp down on the investigation; trademark and patent infringement claims agent.
In the same time, we not only delegate accepts domestic and foreign enterprises ,but cooperate with trade secret and trade competition. In recent years,our company depend on the Senior investigation team, use the High-tech professional equipment.We build the Investigation of strong network . We are mature, experienced. Depending on your needs, Tailor-made solutions that really belong to you .Such as administrative knocks out the production and sale of counterfeit infringement of the product factories, sheds, warehouses, hundreds of agent claims was to venture to restore economic losses caused by several hundred million dollars.
1.Protections & Solutions for trade secret
About trade secret:
“Trade secret refers to technical information and business information which is not known to the public domain, can bring economic benefits for the owner and the owner takes necessary confidentiality measures to protect.” Trade secret mainly includes: Fabrication method, technology, technique, formula, data, program, design, customer list, sourcing information, tender/bidding documents and other technical/operating information.
Trade secret has the following features:
I. Secrecy.
Any information of trade secret must be unknown to the public domain. This is the typical feature of trade secret. Unknown to the public domain does not mean it is unknown to anyone. Instead, this means it is unknown to anyone but not the owner and its relevant personnel. For example, trade secret may be known to corporate employees and cooperative enterprises that contact trade secret.
II. Value.
Trade secret brings economic benefits for the owner, including immediate economic benefits and potential economic benefits. The value of trade secret is generally a guarantee for the advantageous position of the owner in market competition. Once trade secret is infringed, the right owner will inevitably suffer from losses.
III. Information. The information of trade secret includs technical information and operation information concerning business activities.
IV. Confidentiality.
Confidentiality is a typical nature for trade secret. Right owner should take reasonable confidential measures to protect trade secret from being known to the public domain.
V. Usefulness.
Trade secret must be useful in business operation and have immediate or potential value. Objectively, it should have specific, determined programs or information, including formula, pattern, program, method, technology, edited article, process and design. Trade secret should be useful in certain sector or sectors. Operation information or technical information without useful value cannot be referred to as trade secret. Abstract conception, Our Principle or rules cannot receive legal protection unless they can be transformed into specific operable programs.
Conduct infringing trade secret:
1. The infringer resorts to trade secret piracy, material seduction or threat to obtain trade secret owned by others;
2. The infringer discloses, uses or causes others to use trade secret in his possession;
3. The infringer violates the requirements of trade secret owner on trade secret protection, publicizes, discloses or transfers the trade secret he uses in work..
Crime stipulated in criminal law for infringement of trade secret:
I. Up to 3 years imprisonment or detention and/or penalty for offense that causes heavy losses;
II. 3-7 years imprisonment and penalty for offense that causes extremely heavy losses;
III. Any organization commits this offense, penalty will be imposed on such organization and penalty against freedom will be imposed on chief persons and direct responsible persons as specified in the two clauses above.
Risk from trade secret disclosure:
With high-speed growth in market economy, enterprises are paying increasingly attention to trade secret protection. This is because intangible asset can bring substantial economic benefits for enterprises and help them obtain competitive advantage in market to gain more economic benefits. And because of this, trade secret often becomes the target for illegal infringers. Some enterprises lose their competitive advantage, facing suspend production, went out of business or even go bankruptcy due to trade secret disclosure.
Important points for enterprises while dealing with trade secret cases: In dealing with infringement of trade secret, some clients lack a correct understanding of legal elements for infringement of trade secret. They don’t know what kind of information is trade secret is protected by law and should never let employees taking out of work place, and what is the technology, experience and skill accumulated by employees themselves, which will be used when them serving another cooperation.. some enterprises even don’t understand the relations between trade secret information and its carriers. Therefore, employers and leaving employees often get into disagreement as for what information leaving employees can take away and whether use of such information by leaving employees constitutes infringement after they leave relevant documents and magnetic disks.
How to effectively deal with trade secret infringement
Our Lianjie consultants will cooperate with your company or your external advisors and assist you to find out what accurately happened, what risks you are facing with, what people are involved the event and whether you can get compensation. When you want to analyze and minimize the potential risks, our Lianjie consultants can provide advise and assistance. Through risk assessment, we can help you to identify the high-risk point, and help you formulate strategies in accordance with laws and regulations to effectively crack down criminal suspects. It is necessary to effectively control this type of infringement and report such case in public security agency as economic crime. Key working points for this process include:
I. Risk control for trade secret:
Establish a complete confidentiality system, avoid excessive possession of core technology, have key personnel sign “Non-Competition Agreement”, identify whereabout of key personnel after resignation and intensify file management;
II. Legally protect trade secret from infingement:
1. Integrate case-related information and identify whether the information is trade secret or not;
2. Investigate to obtain relevant evidence concerning tortious act;
3. Organize and submit case-filing documents to public security agency;
4. Follow up case-filing process and after-filing implementation.
2. Solutions for collecting the Competitive Intelligence (CI)
How to collect the Competitive Intelligence (CI)
"Competitive Intelligence (CI) " is both a process and a product. The process of Competitive Intelligence is the action of gathering, analyzing, and applying information about products, domain constituents, customers, and competitors for the short term and long term planning needs of an organization. The product of Competitive Intelligence is the actionable output ascertained by the needs prescribed by an organization."
Implementation process of Competitive Intelligence (CI)
Competitive Intelligence not only the intelligence and information collection and analysis,but also information products.That’s competitive strategy or research reports, system, system output and to provide the use. Therefore, both before and after it is actually a step in the implementation process associated with each other. Launched or completed in a competitive intelligence work can generally be divided into the following eight key stages.
(1) Research this company: Including the establishment of the competitiveness index system, Survey information. To determine the key determinant of competitiveness leading product, screening major competitor.
(2) Research competitors: Search, collect information or publications, databases by various legal channels. To participate in the exhibition (sales) fair, conferences, exchanges, etc.. understanding and fully grasp the dynamic information competitors in time.
(3) Research the competitive environment:Including the domestic and foreign markets, technical development level, national, regional, profession policy and relevant laws and regulations. Understanding the opportunities and threats of business development.
(4) Comparative analysis of quantitative:Including the companies and competitors’s qualitative comparison and quantitative comparison in the various indicators. Related to the comprehensive analysis of statistical data, draw conclusions, screening, processing, computing, sorting and strengths, weaknesses, opportunities, threats,etc..
(5) Planning the competitive strategy: Including to formulate development strategy, position of product and price, marketing strategy, management improvement programs, structural adjustment suggestions based on the comparative analysis of the enterprise.And completes the corresponding research report and the appendix.
(6) The establishment of organizational system:Including within the enterprise establishes the corresponding competitive intelligence system which to ensure that enterprises can independently carry out the continuing competitive intelligence in the future, to become an important component of business management strategy systems. It can be built in the planning, research and development, marketing department, and should have information sector to take part. It is best to lead by the principal leaders of enterprises.
(7) establishing a computer system: Including based on the enterprise management information system (MIS) or independently establish computer network system for information collection, transmission, processing and delivery to modernize the competitive intelligence.
(8) Makeing the approval improvement:Including establishes the information file, solicits the user feedback, organizes the expert to approve, gives the improvement comment, formulates and implements the improvement measures, so that ensure the quality of the achievement and play a better role.
How to collect competitive intelligence:
1. The problem of enterprises themselves exists but difficult to find. We will through the technical monitoring and unannounced visits for your campany, to reveal the loopholes in the management of Competitive Intelligence, and the staff misconduct.
2. Grasps the market information, Lianjie will take their own set of lessons learned approach. Do not blindly pursue data, but rather to tackle the problem through field surveys. To work on specific targets, in order to do fine, master the most realistic first-hand information.
3. To maintain market competitiveness of enterprises, we will provide you with effective monitoring of a long-term specific market or target. So that you can master the fastest and most accurate information what is you most need to know.
Special intelligence-gathering. We will be based on the special needs of enterprises, pointed formulates the intelligence-gathering program and designed technology platform. We depend on the skilful investigative techniques and leading technology platform as the enterprise competitive intelligence public relations.
The competitor survey
Specialists of Guangzhou lianjie consultants Co.,Ltd. under the legitimate premise, through different channels to close the target and objective information-gathering. From a neutral point of view, we will specialized analyse the status and trends of competitors. Do a comprehensive understanding of competitors for clients, and formulate a suitable strategy of commercial competition, provide a practical basis.
The survey content
Intelligence on business competition
Results include three factors of intelligence on business competition
Namely:（1）the enterprise and rivals；
�。�2）ompetitive environment(polices, market, techniques,etc.)；
�。�3）Competitive strategies.
The strict differences between the intelligence on competition and the industrial and commercial espionage :
The intelligence on competition must be legal and lawful. It emphasizes professional ethics, and a wide range of information is its basis . Sharing, analysing and researching various information will lead you to find out competitive intelligence of a great value . According to statistical analysis, among all the intelligence on competition the enterprise wants , about 95% can be get by the legal and ethical norms.
While the activities of industrial and commercial espionage are unfair, and the ways to get intelligence is illicit.
3. The intelligence on competition and business secrets
The business secrets have a wide- range cover. Any specific information related to the social competition and economic interests belong to them. The business secrets mainly stem from the products, formulation, procedures, improvied machines and equipments, drawings, the documents on research and development , customers and other information. The disclosure of business secrets often causes the enterprise suffer huge economic losses or even bankruptcy.
Generally, the intelligence on competition includes the information of specific rivals, in which there are some business secrets.
Generally speaking, the differences from other intelligence research lie in its characteristics as follows:
（1）the clear purpose；
�。�2）the strong confrontation；
�。�3）the credible techniques；
（4）the high-level wisdom；
�。�5）The efficient usage
The importance of intelligence on competition
1.To analyse the advantages and disadvantages of rivals, and defeat them.
2.To analyse the market leaders, and perfect management.
3.To insight into the market opportunities, and win.
The fundamental theory and research methods of competitive intelligence
Since 1980s, the American professor Michael Porter has made the theory of competitive intelligence gradually take shape, and then form a relatively complete theoretical system which lays a solid foundation on the emergence and development of the competitive intelligence research of theory . The Competitive Intelligence mainly includes the basic theories as follows:
�。�1）the establishment and evaluation of the system of the competitive indictors；
�。�2）the selection and analysis of competitive products and competitors；
�。�3）the analysis of market and users；
�。�4）the analysis of products and price positioning；
�。�5）the analysis of relative theories of management；
�。�6）the analysis of competitive forces；
（7）the analysis of competitive situation；
（8）the analysis of the advantages of competition；
�。�9）the analysis of reverse project；
�。�10）the analysis of computer system.
The main methods ：
（1）visiting and interviewing: it is used to investigate the information of the enterprise and its competitors ；
�。�2）retrieving and searching: in is used to collect information on competitors and market；
�。�3）The Delphi method( experts investigation): it is used to investigate information on company, competitors and market；
（4）the method of fuzzy judgement( Mathematical statistics) ,it is used to process collected data from qualitative to quantitative transfer；
（5）the method of level-analysis: it is used to analyse collected data by modaling；
�。�6）he method of beacon comparison : it is used to analyse the advantages and disadvantages of our company and rivals by comparison；
�。�7）It is used to analyse competitive situation and make measures.
We will offer our partners and friends with the best investigation reports and service！
