Stomach medicine of final judgement of the Supreme Judicial Court " Rub Rodin " Intellectual property right case

Stomach medicine of final judgement of the Supreme Judicial Court " Rub Rodin " Intellectual property right case
Stomach medicine of final judgement of the Supreme Judicial Court " Rub Rodin " Intellectual property right case
Asserted it was not the technological achievement of the post a few days ago that medicines belonged to, because invented Chinese medicine and " rubed Rodin " The agent of former president Li EnFu of institute of traditional Chinese medicine of Hebei that and is famous for has received court verdicts of the Supreme People's Court, Li EnFu belong to Handan pharmacy Co., Ltd. of Hebei of the cooperator (hereafter referred to as Handan medicine Company) with it A case of technological contract dispute lowered the curtain at last. The last instance of the Supreme People's Court is judged: " rub Rodin " The prescription, production technology and quality criteria technological achievement are that Li EnFu is not the technological achievement of the post, Handan the intersection of medicine and Company pay kindness Li, reply 200,000 yuan. Will it be will it be the end the seventies last century, hold a post on kindness Li, Hebei of institute of traditional Chinese medicine replying proposing a traditional Chinese medicine curing chronic shrinking gastritis fills a prescription, curative effect is prominent after using within this courtyard, and then develop into into pill pharmaceutical progressively, and is named as " Rub Rodin " . In February of 1985, incumbent president of institute of traditional Chinese medicine of Hebei, the legal representative's Li EnFu signed the technological agreement of transfer with Party B pharmaceutical factory in Handan in the capacity of Party A, agreeing on will produce without reserve " Rub Rodin " Prescription, lasting technological process, quality criteria and it is clinical for case materials,etc. last Party B; Party B promise, pay kindness Li, reply the remuneration fee of 40,000 yuan and pay the corresponding sale deducting a percentage and bonus within 3 years; Party B is in its products " Rub Rodin " Have and mark " Lee's kindness replies the proved recipe " Words. In August in the same year, the pharmaceutical factory of Handan begins to produce and sell " rub Rodin " . In October of 1998, the pharmaceutical factory of Handan changed into Handan medicine Company, continued " rubing Rodin " in production and sales ,Reply, consult with kindness Li, mark " kindness Li reply the proved recipe " no longer Words. In 2007, Li EnFu litigates to Hebei Supreme Court on the grounds that Handan medicine Company breaks a contract, ask the court to sentence to the order: " rub Rodin " The technological achievement is that it is not technological achievement of a post, achievement right belongs to its individual; Handan medicine Company pays the technological use fee of more than 29 million yuan. As the third person of lawsuit of this case, the institute of traditional Chinese medicine of Hebei proposes, " rubs Rodin " It is Li's kindness that replies and finishes the technological achievement that a duty job produces as hospital staff, its achievement should belong to the institute of traditional Chinese medicine of Hebei. Hebei Supreme Court thinks, it has very strong professional lines that medicines are researched and developed through trying, Li EnFu must not have duty of developing medicines as the interior employee of the institute of traditional Chinese medicine, the institute of traditional Chinese medicine has no enough evidences to prove it pair " Rub Rodin " Reseach task last paying and input. Institute of traditional Chinese medicine because kindness Li reply after the technological achievement is finished, go on clinical using, proving research and fund input on later stage to their only, advocate it correctly " Rub Rodin " Enjoy ownership in technological achievement, there is no legislative authority. Hebei Supreme Court adjudiacates in the first instance: " rub Rodin " The prescription, production technology and quality criteria technological achievement are that Li EnFu is not the technological achievement of the post; Handan medicine Company produced, sold in it immediately " Rub Rodin " Mark on the products " Lee's kindness replies the proved recipe " And words are compensated for 200,000 yuan of Li EnFu's loss in breach. As to the result of this judgement, both sides refuse to obey and appeal to the Supreme People's Court. EnFu Li claim whom contract agree on " whether remuneration of technological transfer draft 3 " in the second instance ,Should be interpreted as " Agree on 3 temporarily " ,By the day when prosecute, Handan medicine Company has been already in arrears with the technological use fee of more than 20 million yuan; Have not fulfilled marking on the products of Handan medicine Company " Lee's kindness replies the proved recipe " The contract obligation of the words, has already formed and basically broken a contract, the contract ought to be cancelled, compensate for 1 million yuan of corresponding loss, and make an apology. Handan medicine Company claims, the contract has been signed for more than 20 years so far, Li EnFu had no evidence to continue the expenses after proving its opinion, demand, pay, exceed the intersection of lawsuit and prescroption already now, it mark " kindness Li reply the proved recipe " at product Words, carry out national regulations about law, should not bear the liability for breach of contract. The Supreme Judicial Court try think both sides continue, pay kindness Li, replies the subsequent expenses and has not agreed on to the intersection of Handan and the intersection of medicine and Company in contract, so, Handan medicine Company has not paid the obligation of the subsequent expenses; Handan medicine Company has not fulfilled and marked according to the contract " Lee's kindness replies the proved recipe " The obligation of the words, should bear corresponding compensation responsibility in accordance with the law. In view of the above, the final judgement of the Supreme Judicial Court: First trial of keeping " prescription, production technology, quality criteria technological achievement that Li EnFu is not the technological achievement of the post, Handan medicine Company compensates for 200,000 yuan of Li EnFu's loss in breach " Judgement; Cancel the intersection of first trial and " Handan the intersection of medicine and Company produce, sell words of marking at the products in their immediately " Judgement. Because Handan the intersection of medicine and Company for unable to mark at product " Lee's kindness replies the proved recipe " Situation of words have, reply and consult the flexible matters that mark with kindness Li in time, as remedy, Handan the intersection of medicine and Company should reply and pay 200,000 yuan to kindness Li again. (horse compete Cao strong in day)


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