Bitcoin case in Shangrao
the patent law stipulates that the scope of protection of a patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to explain the content of the claim
the interpretation of the Supreme People's Court on Several Issues concerning the application of law in the trial of patent infringement disputes stipulates that the people's court shall examine all the technical features recorded in the claims claimed by the obligee when deciding whether the infringed technical solution falls within the scope of patent protection, The people's court shall determine that it falls within the scope of patent protection; If, compared with all the technical features recorded in the claims, the technical features of the sued infringing technical scheme lack more than one of the technical features recorded in the claims, or more than one of the technical features are not the same or the same, the people's court shall determine that it does not fall into the scope of protection of the patent right
it can be seen from the above provisions that if a proct is identified as infringement in the patent document, it must cover all the technical features recorded in the claim. Therefore, in order to obtain a larger scope of protection, the less content in the claim, the better, that is, do not add unnecessary content
the innovation of blockchain is usually associated with multiple executors, which is a systematic scheme that needs the cooperation of all parties. For example, if the data publishing node, blockchain network, authorization node, etc. are combined in a claim, it will be found that when the patentee wants to sue an executor for infringement, the party does not cover all the contents of the claim (at least not other executors), which leads to that although the party uses the innovative idea of the patent, it does not infringe. Therefore, in a claim, it is better to write the scope of protection around an executor< According to the patent law, except as otherwise provided in this law, no entity or indivial may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented procts, or use its patented methods, or use, sell or import its patented procts for proction and business purposes Promise to sell, sell and import the procts directly obtained according to the patented method
here we should pay attention to "for the purpose of proction and operation", that is to say, not for the purpose of implementation, no infringement. Therefore, when writing the claims, we should also consider who the potential infringement objects are, and the content of the patent right should limit them as far as possible, instead of including unnecessary objects (such as the devices used by the end consumers).
meinian health examination is reliable meinian grand health provides health examination, health management, health consultation and other services, and has outstanding influence in the medical and grand health sector. It has won "China's best corporate citizen, best social feedback Award", "2018 corporate social responsibility Contribution Award" and other honors
There are three differences between meinian physical examination and hospital physical examination:1. Medical examination population is different
1. Hospital: a place where patients gather. It is mainly responsible for the examination and diagnosis and treatment of patients and people suspected of having diseases. When they go to the hospital for physical examination, it is difficult to share the examination instruments and equipment with patients, It is inevitable that there will be a potential threat of cross infection e to disease aggregation
2. Meinian: as a health examination institution, the physical examination crowd is mainly healthy / sub-health, compared with the hospital, the health examination equipment is almost not shared with the patients, and the iatrogenic infection is eliminated
Second, the environment and atmosphere are different.1. Hospitals are built for patients and patients. They are divided according to outpatient service, department and function. During physical examination, they have to go upstairs and downstairs, or even run from one building to another. Nurses are very busy and have no time to guide them. It is too time-consuming for a physical examination
2. Meinian: it is built for the convenience of physical examination customers. It scientifically divides the physical examination areas, implements the separate examination of men and women, implements the efficient one-stop service process, and the design of humanized corridor ensures the smooth passage, and each department and passage has the guidance and diversion of inspection nurses, which greatly saves time and facilitates the physical examination of customers
3. Different service experience
1. Hospital: when you go to the hospital for physical examination, you smell the smell of disinfectant and look at the patients and family members who come and go. Even if you don't get sick, you will feel depressed for a few days when you see the injured people
2. Meinian: it's not because of illness, but to prevent it, nip it in the bud and save the cost of treatment
without comparison, there is no harm. It costs 2000 + to go to the hospital just to have a gastros. However, meinian health has launched a variety of packages with high cost performance, which are definitely the first choice for elderly uncles and aunts
I think we should pay attention to where the money comes from and through which channels it is hyped. In fact, it is necessary to find out. In fact, bitcoin has a great impact on the society, because the price of bitcoin has been very high and deviated from the actual value, So ordinary people in the process of speculation bitcoin, we must see clearly the current social situation
First, the price of bitcoin is too highin fact, most people already know that the price of bitcoin is too high, because in about 10 years, the price of bitcoin has increased by tens of thousands of times, which is impossible for any asset, because the investment procts of Putong can only increase by about 10 times in 10 years, You can imagine how overvalued bitcoin is{ RRRRR}
in the society, the speculation of bitcoin has a great impact on the real economy, because a lot of money has flowed into bitcoin, and there are very few pre class resources in the real economy, so it must be a very big blow to the development of the real economy in the future. I think the country must solve this situation well, Only when more funds are channeled into the real economy can more wealth be created. The real economy is the field that our country must pay attention to in the future development and the foundation of our country
engineers steal millions of bitcoin from the company or face severe punishment
illegally obtaining data
the suspect is facing severe punishment
prosecutor Ji jingling, the undertaker of the case, said that according to Article 285 of China's current criminal law, it is serious to obtain the data stored, processed or transmitted in the computer information system in violation of national regulations, He shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined
suspect Zhong Mou violates the state regulations, uses the technical means, obtains the data stored in the computer information system, and his behavior has violated the criminal law stipulation, the suspect is illegally obtains the computer information system data crime.
the prosecutor said that bitcoin and other "virtual currency" as a new Internet financial concept have been hot talked about by people. The central bank once issued risk tips on "virtual currency", emphasizing that China has not issued virtual currency, nor authorized any institutional company to issue it, let alone the promotion team. At present, the "virtual currency" in the market is non legal virtual currency
this case is the first case of bitcoin theft in Beijing. Although it is difficult to determine the value of bitcoin from a legal perspective, it will also violate the law if it exceeds its authority and illegally modifies the functions of computer information system, causing economic losses such as maintenance
“ The biggest case in the coin Circle & quot; The second instance of plustoken case is in Jiangsu & middot; Yancheng sentence. The case involved more than 2 million participants, more than 3000 levels of hierarchical relationship, and the total value of digital currency involved exceeded 40 billion yuan
Yancheng intermediate people's Court of Jiangsu Province issued a criminal ruling of second instance, rejecting the appeal and maintaining the original judgment. According to the judgment of the first instance, 14 defendants, including Chen Bo, Ding zanqing and Peng Yixuan, committed the crime of organizing and leading pyramid selling activities, and Chen Tao, who committed the crime of covering up and concealing the crime, was sentenced to two to eleven years' imprisonment and a fine
At the beginning of the 19th century, Yancheng public security organs received a report that some people used plutoken network platform to commit pyramid selling crimes, and Yancheng public security organs put the suspects on file for investigationunder the coordination of the Ministry of public security, the special case police officers went to Vanuatu, Kampuchea, Vietnam, Malaysia and other countries and regions, and successfully arrested 27 suspect suspects who were hiding abroad. Meanwhile, 1 suspect suspects were arrested in the territory. p>
in the past 20 years, the Ministry of public security deployed the national public security organs to arrest all 82 key members suspected of pyramid selling
The theft of 14.5 million bitcoins in Jiangxi Province was solved, which caused heated discussion among netizens on the Internet. We all know that the current era is an Internet era, and it is also an era of rapid development. There are many people who want to earn money through illegal means, which is not worth advocating. We also hope that everyone can learn this lesson, suspects will also face very severe punishment
we also hope that this lesson can arouse a wake-up call for everyone. If everyone is like them, they will certainly face the disaster of imprisonment. At the same time, we need to pay attention to the fact that no matter how powerful the hacking technology is, there will still be many hot spots left. After all, it is the body, which cannot be separated from legal sanctions, I also hope that they can learn from this lesson, be a good person in their future life, and never violate the law and discipline. I hope everyone can pay attention to this
generally, this kind of case that many places report to the police will be dealt with more seriously
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