In unfair competition disputes with Ningde era, the hive energy "digging the wall" pays 5 million yuan

Author:Securities daily Time:2022.07.21

Reporter Li Ting

On July 19, a reporter from "Securities Daily" learned from the relevant person that under the mediation of the Ningde Intermediate People's Court of Fujian Province, the Ningde Times and Honeycomb Energy reached a settlement. The settlement of 5 million yuan. The lawsuit caused by unfair competition came to an end.

Honeycomb energy responded to the outside world that the orderly flow of talents in the lithium battery industry is conducive to industry integration and innovation. Only by cooperative cooperation can we avoid the industry's rolls, better promote the healthy development of China's new energy industry, and help China's lithium battery industry leading the world.

On July 20, a reporter from the Securities Daily learned from relevant people that the unfair competition disputes between Ningde Times and Hive Energy mainly involved the "digging" and competition restrictions of talents.

In this regard, Lawyer Yang Zhaoquan of Beijing Nuowei Law Firm told the Securities Daily that the "Anti -Unfair Competition Law" is a powerful weapon to maintain the market competition order. In the market environment that encourages innovation, it has strengthened intellectual property and business. Secret protection. From a corporate perspective, the era of "digging the walls" is no longer possible, and the era of disrespect for intellectual property and business secrets of others has passed. Ignoring the rights and interests of others and disrupting the market order, it will bring major legal risks to themselves.

The lithium battery industry launch an anti -"digging corner" operation

Ningde Times and the unfair competition disputes of the hive energy reached a settlement. The other nine other Ningde Times and the resignated employees related to the case have also been judged in the second trial.

According to the public information of the China Judgment Web.com, from September 2020 to September 2021, nine resigned employees and Ningde Times competition restrictions were judged in the second trial, supporting nine employees to pay 1 million yuan in liquidated damages to Ningde Times, respectively. The nine Wuxi Tianhong and Baoding Yixin, who were departed from employees, were substantially associated with honeycomb energy.

According to previous reports, among the nine employees, some people have only joined the new company for only 3 months, and the monthly salary is only 8,000 yuan. However, no matter how long the employment is, once the worker and the employer signed a confidential competition restriction, you need to perform the contract.

Yang Zhaoquan said that the fundamental role of competition restrictions is to protect the business secrets and intellectual property rights of employers. Compensation for the judgment of the person who violates the restrictions of the industry will help protect the legitimate rights and interests of the market entity and maintain a reasonable and orderly labor relationship.

Zhang Xiang, a special expert in Zhongbo Zhilian, told the Securities Daily that the phenomenon of "digging" in the battery industry has always existed. Previously, employees of Japanese and Korean battery factories were tapped into Chinese companies. The phenomenon is also common.

Battery companies have a relatively high threshold for technical patent patent, and the rapid development of the new energy industry has further exacerbated the competing for talents in related enterprises. In order to retain valuable talents, the competition restrictions of new energy companies have been further strengthened. Some netizens have commented that "the scope of competition restrictions in Ningde Times is so large that it is beyond imagination."

Interbank industry should avoid internal roll competition

The continuous and rapid development of the new energy industry has caused continuous talent gap. Data show that in 2021, the number of workers in Ningde Times was about 83,600, an increase of 50,500 from the end of 2020. According to the "Guidelines for the Development of Manufacturing Talent Development", by 2025, the talent demand in the energy saving and new energy automobile industry will reach 1.2 million, and the talent gap will reach 1.03 million.

Since the beginning of this year, the development of China's power battery companies has continued to grow rapidly. On July 18, the latest data released by the South Korean research institution SNE Research showed that in the first half of this year, a total of 6 Chinese -funded power battery companies were shortlisted in the top ten in the world, and the year -on -year growth rate of more than 100%was over 100%. Among them, Ningde Times was loaded by 69GWh, with a market share of 34%, a year -on -year growth rate of 111%, and continued to ranks first. Honeycomb energy loading is 3gWh, the market share is 1%, and the year -on -year growth rate is 152%. The 7th place in China Innovation Airlines, which had arisen in the Ningde Times due to patent issues.

Zhang Xiang said that the occurrence of Ningde Times and honeycomb energy disputes reflects the current status of competition in the industry. As the leader of the industry, Ningde Times hopes to further prevent technology outflow and maintain leading position in the industry through the protection of talents and patents. However, the purpose of its lawsuit should not be limited to strike competitors, but should guide the industry to compete in an orderly manner and avoid internal roll competition.

Yang Zhaoquan said that in the context of the continuation of high prosperity in the new energy industry, talent flow is a normal phenomenon under market economy conditions. However, the flow of talents must comply with the provisions of relevant laws and regulations. It cannot damage the legitimate rights and interests of the original unit, nor can it infringe on the business secrets of others.

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