The Shanghai No.1 Intermediate People's Court has recently laid an injunction on Mr. Huang, who is banned on any leakage of confidentiality information. He has been fully informed of the legal consequences for breach of act preservation, along with his rights and obligations. He then undertakes the commitment before the Court that "I'm bound to observe the holding before the conclusion of the final court decision. Bring me to justice, if I break the rules." According to Mr. Changli LV, execute judge of the Court, it is normally difficult to actualize the injunction in relation to act preservation, which is formalized in trade secrets. As a result, Mr. Huang shows his willingness in act preservation upon notification. This is the very first act preservation on trade secret cases, which is granted in accordance with the Civil Procedure Law of China, effective from January 1, 2013.
The above injunction was issued on August 2, 2013 over the trade secret dispute Eli Lilly and Company, Eli Lilly (China) R&D Co., Ltd. vs. Mr. Huang (former employee), specifically in that the defendant is not allowed to disclose, use or have any third party use the 21 documents of core confidentiality and know-how, which he allegedly downloaded from the company server without further deletion.
