Reborn I want everything

Chapter 87

Monday, August 2003, 7.

Ark City Intermediate People's Court, Civil Division III (Intellectual Property Division).

The young judge, Pan Xiaoting, was summoned by Judge Liu early in the morning and asked her a question about the case:

"Xiao Pan, do you remember the trial of a city entrepreneur named Gu Zhe last year, and the case was closed through mediation?"

When she entered the door, Pan Xiaoting was still a little uneasy, but when she heard that it was a professional question, she immediately relaxed, and after thinking for a few seconds with high spirits, she immediately answered:

"Remember, didn't that happen in October last year? I still remember that at the end of September, the Supreme Court issued "Several Regulations on People's Mediation Work". When I came back from the National Day, I encountered this case and the mediation was successful.

At that time, it was also published in the legal daily of the province.I heard that Gu Zhe made a lot of noise later on, and was featured in a lot of media. He is now a little famous in the entrepreneurial circle of this city. "

The profession of a judge depends a lot on the level of education, so when Pan Xiaoting talks about professional business issues, she doesn't fear those veteran colleagues at all.

The judges who came in a few years ago did not have to take the judicial examination. Many of them were transferred cadres from other jobs. In particular, there were many retired and resettled judges. After ten or eight years of trial, they may not be familiar with business laws.

Although Pan Xiaoting has only graduated from university for more than three years, she has passed the examination seriously, has practical experience, and has capital and self-confidence.

She was even more impressed with the case last year. After all, it was the first time to judge a case independently after removing the word "assistant", and the mediation was successfully published in the newspaper.

Chief Justice Liu raised his hand slightly, signaling her not to be complacent, and then pushed a few pages of the file over: "Then take a look at this case, it was handed over last Friday, isn't this in time for the weekend, and the decision to file the case was made today.

Haichang, a joint venture registered in Shanghai and well-known in the glasses industry, sued Gu Zhe in this city and the two companies he controlled, violating the patent exclusive licensing contract signed by both parties, and licensed a third party to use the patent without authorization.

The subject matter of the lawsuit is only 800 million yuan in licensing fees. This is a big case.You are the most professional in the "Patent Law" level of our court, so take a good look. "

Pan Xiaoting was quite surprised when she heard this, because she tried Gu Zhe's case last year. She clearly remembered that in October last year, Gu Zhe was still suing for some shabby small bids worth a few hundred dollars.

It's July now, and it's only been 7 months. Gu Zhe has changed from plaintiff to defendant, and the amount involved in the case is directly 9 million?

What kind of speed is this?

Although, the amount of money involved in the case is not simply proportional to the scale of the plaintiff's business.But it is impossible for a poor Diaosi with a total property of hundreds of thousands to get involved in a big lawsuit for tens of millions or hundreds of millions.

She took a closer look at Haichang's indictment, and the content of the above case aroused her professional enthusiasm again.

This case will definitely become a classic!
After all, it was relatively rare in 03 that domestic companies could develop truly high-tech, unique skills that foreign and Taiwanese investors could not get around.

At the same time, this case also involves the newly born e-commerce, and it will obviously involve the disputes between the two parties about "whether Gu Zhe is for his own use, whether there is a third-party trademark infringement, whether Gu Zhe has neglected to protect his rights and caused damage to the interests of other authorized parties, How to collect evidence and define e-commerce trademark infringement, and how to divide the legal responsibility for rights protection between e-commerce platforms and brand owners”……

Many intricate details can be said to be full of knowledge points in the two major intellectual property fields of trademarks and patents, plus retail e-commerce, a new species that has just emerged.

After the verdict is completed, it is not as simple as the "Legal Daily" in the upper province.

It is definitely going to be on CCTV's "Today's Statement", and will also be on the official textbooks of law in mainstream universities in China!

Such a classic case, the old professors who compile law textbooks can't find it.

Pan Xiaoting felt a little dizzy, and looked at President Liu in disbelief, with a begging look uncontrollably: "President, this case can..."

Chief Judge Liu didn't say anything dead: "Let's take a look first. Anyway, before the official trial, we will discuss how to form a collegial panel. The pre-trial defense and evidence exchange can be taken for granted."

Pan Xiaoting immediately calmed down a bit, knowing that this case would definitely not be the same as last year, where she was the only one in charge.

This is a big case, and more than three judges will definitely be used to form a collegial panel.And judging from this posture, the assistant judges are definitely not qualified to intervene. The chief judge must be the presiding judge himself, plus two judges with excellent professional qualities.

If she can serve as the judge's deputy, she is already very popular.

"I'll make arrangements right away." Pan Xiaoting left with the materials enthusiastically.

……

Because the Municipal Intermediate People's Court attached great importance to it, the summons for this case was naturally prepared immediately.

However, according to the "Civil Procedure Law", Gu Zhe had 15 days to slowly prepare his response to the lawsuit and issue a statement of defense.This is a sacred procedural right granted by the law to the defendant, and no matter how urgent the court is, it cannot be expedited.

After Pan Xiaoting asked her colleagues in the filing court to send the copy of the indictment and the subpoena early tomorrow morning, she thought that no matter how confident Gu Zhe was, it would take at least a week before there was a reply.

However, Gu Zhe's behavior style once again exceeded her expectations.

Just the next day when he was at work, a well-dressed man in a suit came to the Intermediate Court of Ark City and went straight to the filing court.He also brought an outrageously beautiful little girl in a lace shirt and tube skirt as an assistant.

This person is obviously Gu Zhe, and even a few staff members of the case filing court recognized him—no way, Gu Zhe had received intensive inspections by provincial leaders and intensive interviews with provincial technology media a few months ago.
The general public may not pay attention to these things, but those working in the intellectual property field of the judicial system will pay more or less attention when they see such news.What's more, Gu Zhe's case was still a small example last year. At that time, the court also mentioned a few words, and people who are motivated will always remember it.

The staff of the case-filing tribunal saw him as polite and elegant, and treated him very politely. After consulting a few words, Gu Zhe caught a little girl who was in charge of filing intellectual property cases in the Civil Tribunal, and asked directly:

"Comrade, may I ask if there was a lawsuit against Gu Zhe and his two affiliated holding companies by Shanghai Haichang Glasses (joint venture) in the Third Civil Tribunal yesterday, and the copies of the subpoena and indictment have been sent out?

Can I check the archives?I am Gu Zhe.The people from Haichang Mingming called me last night and told me that they had already sued me. "

Of course, outsiders are not qualified to investigate a case that is being filed by the court, but if the party concerned comes with a certificate of identity, the court cannot stop it.

The woman who filed the case probably hadn’t been in the industry for a few years, so she just stayed there. She had never seen the defendant approach her door so arrogantly, begging and asking, "Is someone suing me? Why hasn't anyone sued me yet?"

The poor little girl didn't even need to investigate, because this was just reported after get off work yesterday, and it was a big case, so she was very impressed, so she immediately told him: "There is such a lawsuit...the summons has just been made, and we haven't had time to send it yet." Woolen cloth."

Gu Zhe: "Then you can also notify the defendant by email first. Fortunately, I came early. Now, here is my statement of defense. What procedures should I go through to prove that my statement of defense has been delivered to your court gone?"

The woman who filed the case was dumbfounded: "You... this comrade, you haven't read what the indictment against you says, and you just replied directly to the statement of defense?"

Are you playing the oboe?so crazy?
Gu Zhe: "I know what they are going to sue me, can I sign for the subpoena now?"

The woman who filed the case let out a sigh of relief: "Then you can go to the office with me to sign for it directly, and I can give you a few minutes to confirm the indictment on the spot, which is considered an accommodation."

If the subpoena had already been mailed, it would be useless for Gu Zhe to come to his door. He could only wait for the subpoena to be received, sign on it, and mail it back.The effectiveness of service of judicial documents requires procedural justice and process proof.

Fortunately, he has not sent it yet, and he is willing to block the door and ask for a signature, which saves some workload for the case filing court, and there is nothing wrong with it.

During the signing process, the case-filing woman couldn't help but ask: "Comrade, why are you so actively responding to the lawsuit? Are you sure you will win the lawsuit?"

"I don't dare. I never comment on cases that are still in the trial process. I respect the law very much." Gu Zhe said without leaking anything.

After signing, he went through the procedure to submit the statement of defense, and at the same time he put forward the prosecution procedure of another case with ease.

Gu Zhe: "Comrade, I am now filing another lawsuit in the field of intellectual property rights with this court, which is about trademark infringement. I sued Modu Laiman Contact Lens Co., Ltd. for infringing the rights of Tianyuan Precision Optics Co., Ltd., which I hold. The trademark rights of the 'Tianyuan' brand. May I ask which window should I go to submit the indictment on the spot?"

The ignorance of the filing girl further deepened: "Lehman contact lenses? What kind of company is this? Isn't it the same company as Haichang who sued you?"

Gu Zhe: "Of course not a family."

The woman who filed the case: "However, isn't the defendant in this case a company registered in Shanghai? According to the principle that the plaintiff is the defendant, you should go to the First Intermediate Court or the Second Intermediate Court of Shanghai to sue. Although we have Jurisdiction, but the priority of jurisdiction is not as high as that of Modu."

Gu Zhe: "Of course I know this, but this case is related to this case. I have already stated the reasons for my defense in the statement of defense of this case:
In my opinion, the trial of this case needs to rely on the trial result of another pending case, which is the related lawsuit I filed today.

According to Article 153, Paragraph 5 of the "Civil Procedure Law", a ruling shall be made to suspend the litigation under any of the following circumstances, 'this case must be based on the trial results of another case, and the other case has not yet been concluded'.

Therefore, if the trial of this related case is not completed, even if the trial of the case that Haichang sued me starts, the trial will have to be suspended until the trial of the case I sued is completed first. "

The woman filing the case was already dizzy, and it was impossible for her to judge whether Gu Zhe's words made sense based on Gu Zhe's one-sided words. Intellectual property judges check.

……

"Then Gu Zhe has already responded to the lawsuit? Or came to the door to block the subpoena? And filed a related lawsuit in another case?"

In the office of the Third Civil Tribunal, Pan Xiaoting was shocked when she received the news from her junior colleague in the filing court.

What is this reaction speed?How confident is this?

"Sister Pan, please help us to see if this case belongs to the related lawsuit of yesterday's case, and will it be defended and contested by colleagues in Shanghai if the case is filed in our court?" The woman who filed the case was about to cry, she I am most afraid of taking responsibility.

Pan Xiaoting looked it over carefully, her eyes widening and widening: "This... seems to be a sure-fire related lawsuit, and there is nothing wrong with him directly suing in our court.

You see, the main reason why Haichang sued him was that he and Lehman Glasses conspired together, signed an exclusive authorization with Haichang on the surface, but in fact made invisible to many small brands including Lehman Glasses through the e-commerce platform. Glasses manufacturers sell OEM products, allowing Lehmann and other companies to actually use the patented technology products that he should have used for himself.

The reason for Gu Zhe's defense was his relationship with Lehman, who had infringed on his brand rights, and there was no communication and negotiation between the two parties, it was a purely business relationship.After buying it, Lehman changed the purpose of the consumer product without authorization, removed the outer packaging with the Tianyuan Optical trademark, repacked it, and resold it.

If Gu Zhe can prove what he said, suing Ying Lehman Glasses for infringing on Tianyuan's brand without authorization, Haichang's lawsuit against Tianyuan will be totally groundless.The case changed from 'the third party colluded with the first party to infringe the second party' to 'the third party used the first party without authorization to infringe the second party'.

Don't worry, this case will be established in our court. It is absolutely a flawless related lawsuit, and the peers in Shanghai can't seize the jurisdiction. "

Pan Xiaoting took advantage of the opportunity to explain to her colleagues in the case filing court, and she roughly sorted out the situation in her own mind.

This is like the first situation where Gu Zhe handed a knife to a third party, and the third party took the knife and stabbed the second party.

But according to Gu Zhe, he never handed over the knife from the beginning to the end, and he had no accomplices with the third party. Someone sneaked into his house and stole his knife to stab the second party.

Can this be the same?

In this case, after the "theft" case has been tried, the "owner" will of course not have to bear the responsibility for stabbing someone with a knife. The responsibility lies with the "thief and injurer".

Gu Zhe is also a victim.

However, although Pan Xiaoting roughly figured out the logic, her inner anxiety became more and more obvious.

"Gu Zhe reacted so quickly. He blocked the door and begged for a summons before we even sent out the summons. It's not like he's already set up a trick and waited for Haichang's people to sneak in... Think about it last year in Supper What happened to this guy's brain?

He is obviously an outstanding young scientist who can actually come up with so many great inventions and creations, but he is so defiant in his own lawsuits. Is there such a person on earth who is both literate and far-sighted? "

Pan Xiaoting felt a very powerless sense of IQ frustration in her heart.

The IQ gap between people is really too big.

(End of this chapter)