Mai Lande will deny violating trade secrets, but there are still questions to be answered

2022-08-07 0 By

After the first meeting was postponed, Nanjing Maiande Medical Technology Co., LTD. (hereinafter referred to as maiande) will meet again.Although the actual controller of Maiande has been confirmed by the court to use Wise medical technology achievements for personal gain, the company replied to the Shanghai Municipal Committee that the actual controller did not violate the non-competition and confidentiality provisions.In addition, we also found that The accounting treatment of government subsidies by Maiande may not be rigorous, and the sales compliance of dealers also makes people uneasy.In the deliberation meeting of the Municipal Committee of the Science and Innovation Board held on January 26, 2022, Mai Lancde was suspended from deliberation, mainly because of the non-competition problem of the actual controller.Shanghai Municipal Committee requires the company to explain whether the relevant non-compete clauses signed by the actual controller will lead to the instability of the company’s controlling shares;Whether the confidentiality clauses signed by the actual controller, core technical personnel and Wise Medical (Stock code: 688588.SH) will lead to ownership disputes over the company’s core technologies;Whether the company meets the relevant requirements of the Measures for the Registration and Administration of initial Public Offering of The Science and Technology Innovation Board (Trial).We have questioned the technology source of the actual controller of Mai Lancand in the article “Mai Lancand was found by the Court to use the technology of his old employer for his own profit, with frequent dealer problems”.In January 2013, Yang Ruijia and Shi Zhihuai, who were then working in VX Healthcare, established Maiande through the proxy of others. When they left VX Healthcare, they promised to keep confidential the information of VX healthcare’s products, technologies and customers.However, Yang Ruijia and Shi Zhihuai applied for a series of patents soon after they joined Mai Lande. Finally, the court recognized these patents as service inventions of Weiss Medical, and Yang Ruijia and Shi Zhihuai used the technological achievements of Weiss Medical for their own profit.Recently, Mak Lande responded to the opinions of the Shanghai Municipal Committee of the CPC, saying that Yang Ruijia and Shi Zhihuai had no legal or agreed non-compete obligation during their tenure at Great Healthcare, but Yang Ruijia signed a non-compete clause when he resigned from Great Healthcare, which stipulated that Yang Ruijia could not work in six specific companies within one year after his resignation.At the same time, Melande said that Yang Ruijia and Shi Zhihuai did not use The trade secrets of Great Healthcare in the research and development of the core technologies of Melande, and their use of the technologies mastered by Great Healthcare was not an infringement of the technical information of Great Healthcare and did not violate the obligation of confidentiality.The project is not yet under construction, and the government subsidy directly enters into the profit and loss audit report. According to the report, from January to June 2021, the government subsidy obtained by Mailancde includes the first batch of enterprise output award in 2021, with the amount of 3.315 million yuan, which is related to income and included in other income of the current period.The subsidy is based on the investment agreement signed between the company and the Management Committee of Nanjing Jiangning High-tech Zone on the r&d and production base project of the headquarters.It is worth noting that the above subsidies are based on the “headquarters production base construction project” and “R&D center construction project” raised by Mailancde.According to the details of the projects under construction, by the end of June 2021, the construction of the two fundraising projects had not started.(from) MaiLanDe audit report (from MaiLanDe prospectus) according to the accounting standards for enterprises, enterprises obtain the government subsidies for construction long-term assets, shall be in accordance with the amount to the account of the actual measurement, the confirmation of bank deposits and deferred income, with corresponding long-term asset to the expected conditions for use, transfer the deferred revenue share the profits and losses of the current period.If accounting treatment is carried out in strict accordance with the standards, Mai Lande may need to include 3.315 million yuan of government subsidies into deferred income first, and then include it into current profit and loss by stages after the headquarters RESEARCH and development and production base construction is completed and transferred to fixed assets.Downstream sales appear strange, dealers under the same control of the joint bid prospectus disclosed that Zhengzhou Haihui Medical Equipment Co., LTD. (hereinafter referred to as zhengzhou Haihui), Henan Zhonghan Medical Equipment Co., LTD. (hereinafter referred to as Henan Zhonghan), Henan Fengpei Medical Equipment Co., LTD. (hereinafter referred to as:The three companies are controlled by the same controller. From 2018 to June 2021, they are the second largest distribution customers of Mailancde, with total sales amount of 7.460,500 yuan, 11.524,900 yuan, 17.043,600 yuan and 7.869,300 yuan respectively.We discovered that the three dealers had bid together on the same procurement project.According to China, In December 2019, Zhengzhou Haihui, Henan Zhonghan and Henan Fengpei were the bidders for the biostimulation feedback instrument project of Fanhu Township Health Center in Xiangcheng County, and Zhengzhou Haihui won the bid.It should be noted that, according to the “Regulations on the Implementation of bidding and Tendering Law”, the same person in charge of the unit or different units with holding and management relationships shall not participate in the bidding of the same bidding section or the bidding of the same bidding project without dividing the bidding section.That is to say, according to this regulation, Zhengzhou Haihui, Henan Zhonghan and Henan Fengpei are in the same control relationship and participate in the bidding of the same project or there are legal defects.Maiande adopts the distributor-based sales model, and the legal compliance of dealers’ operation and sales activities will also have an indirect impact on maiande’s sales.(from China