The boss took his sister-in-law to travel to Europe, but Lingnan Group still had to maintain normal operations.
As the general manager, Lin Tianhua earns hundreds of millions of yuan a year. Naturally, he does everything personally and does not dare to be careless at all.
Legal department manager Lin Dezhi also returned early from Europe a week later. On the eighth day of the Lunar New Year, he formally formed a team of lawyers to deal with the lawsuit against Zhangzhou Pharmaceutical Factory.
General Manager's Office, 87th Floor, Lingnan Building.
Lin Tianhua held the 190cm tall intellectual in front of him with a sincere smile:
"Professor Zhang, welcome, welcome."
Zhang San also politely shook hands with Lin Tianhua and replied with a smile:
"I'm Zhide's teacher, and you're Zhide's uncle. We're relatives, so there's no need to be so polite, haha."
Lin Dezhi quickly made tea for both parties and then sat aside obediently.
"Uncle Shi, Mr. Zhang is a professor at the School of Criminal Justice and the director of the Institute of Criminal Law at the National University of Political Science and Law. He just finished the Lunar New Year and hadn't had time to go back to work yet, but I hurriedly brought him to Huadu. We must win this case."
Although Lin Tianhua already knew the opponent's cards, he couldn't help but bow slightly and said:
"Having a legal expert like Professor Zhang has given me even more confidence in our lawsuit."
Professor Zhang came up and waved his hand.
"I just said that we're all family, so there's no need for formalities. Now, please show us the entire process of the lawsuit and the evidence you have, and I'll help you evaluate it."
Upon hearing this, Lin Tianhua stood up, opened a safe in the inner room, and took out three medical books.
"Professor Zhang, this lawsuit stems from this medicine, Pien Tze Huang."
After Lin Tianhua finished speaking, he placed a beautifully packaged small medicine box on the coffee table.
Professor Zhang picked it up and looked at the packaging, and said with emotion:
"I know about Pien Tze Huang. Currently, there are two top-secret Chinese medicine formulas in our country. One is Yunnan Baiyao, and the other is Pien Tze Huang. Their confidentiality period is permanent."
Lin Tianhua nodded and said:
"Yes, precisely because it is made from a top-secret recipe, Pien Tze Huang is a very rare medicine and enjoys a monopoly position. The sales volume and price of Pien Tze Huang have always been very high, and the profits are considerable.
Our Lingnan Group has its own Traditional Chinese Medicine Library, which contains more than a thousand ancient medical books, including more than eighty top-secret secret recipes.
It was from these ancient medical books and secret recipes that we got the formula for Pian Zai Huang, as well as the secret recipe for Angong Niuhuang Wan.
Having a secret recipe is not enough without medicinal materials. The current poor efficacy of traditional Chinese medicine is due to the poor quality of the medicinal materials. A large number of precious animals and plants cannot be used as medicine.
To this end, our Lingnan Group has invested billions of yuan to establish its own breeding bases in areas such as the Qilian Mountains in Qinghai and the Changbai Mountains in Northeast China. All raw materials are used to make these secret medicines, including this Pien Tze Huang.
At this time, Lin Tianhua pointed at the red box in front of him.
“Our current lawsuit was initiated by Zhangzhou Pharmaceutical Factory.
Professor Zhang, you should also know that Pian Zai Huang is a classic medicine in Fujian medicine. In the past planned economy era, it was jointly produced by Zhangzhou Pharmaceutical Factory and Ludao Pharmaceutical Factory.
Later, due to special reasons, the state designated Zhangzhou Factory to produce it independently.
Therefore, Zhangzhou Pharmaceutical Factory regarded Pianzihuang as its own product, believing that they owned all and complete intellectual property rights and prohibited others from using the name Pianzihuang.
Even the province’s sister unit, Ludao Pharmaceutical Factory, is not allowed to use it.
However, we at Lingnan Group believe that Pian Zai Huang is just a general name. It can be called Zhangzhou Pian Zai Huang, Lingnan Pian Zai Huang, or Ludao Pian Zai Huang.
This is the same as Angong Niuhuang Wan. It can be called Tongrentang Angong Niuhuang Wan, Guangyuyuan Angong Niuhuang Wan, or Lingnantang Angong Niuhuang Wan.
According to our investigation, there are currently more than 100 pharmaceutical companies in China that have production approvals for Angong Niuhuang Wan. Anyone can produce it and call it Angong Niuhuang Wan, and there has never been any lawsuit.
But when it comes to Pian Zai Huang, it becomes the exclusive use of Zhangzhou Pharmaceutical Factory, and other pharmaceutical factories are not allowed to use it. This is really overbearing.
We all know that the three words "Pian Zai Huang" are worth over 20 billion yuan. This is a tangible and intangible asset. Zhangzhou Factory wants to take all the profits, so naturally they took us to court. This is the reason for this matter."
Professor Zhang nodded and asked:
"What crime?"
Lin Dezhi replied: "Trademark infringement."
Zhang San was a little surprised, and then a little confused:
"I thought it was Zhangzhou Pharmaceutical Factory suing you for producing counterfeit Pien Tze Huang, but it turns out they were suing you for trademark rights. That's interesting.
According to the Criminal Law, there are three crimes of trademark infringement: counterfeiting registered trademarks; selling goods with counterfeit registered trademarks; and illegally manufacturing and selling illegally manufactured registered trademark signs.
Does this mean that Zhangzhou Pharmaceutical Factory approves the formula and ingredients of your Lingnantang Pien Tze Huang, but does not approve of your use of the Pien Tze Huang name?
Pian Zai Huang is a state-secret prescription.
But this top secret refers to the prescription. As for which company controls and produces the medicine, the country does not care.
So, first of all, we need to confirm whether the recipe for your Lingnantang Pien Tze Huang is from a legal source, or whether it is the authentic Pien Tze Huang secret recipe?"
Professor Zhang’s question is easy to understand.
The source of the prescription is illegal, you stole it, and if you cannot provide evidence to prove that you obtained it legally and reasonably, then you will definitely lose the lawsuit.
If a prescription can be produced, but it is different from the top-secret prescription, then Lingnantang Pien Tze Huang will also be listed as a counterfeit drug and the lawsuit will still be lost.
Lin Tianhua put on gloves and carefully opened an ancient medical book.
"Professor Zhang, look at this medical book called 'Puyuanshan Notes'. It's from the Ming Dynasty and is said to have been written by the imperial physician who fled. It clearly contains the recipe for the Eight Treasures Pill, which is probably the earliest record of the secret recipe for Pien Tze Huang."
Professor Zhang was stunned for a moment, then quickly looked away:
"Boss Lin, it's not appropriate for me to read such a confidential prescription. Cover it up quickly."
Lin Tianhua thought, after all, he is an expert in law, and he has a strong sense of confidentiality and intellectual property rights, so he smiled and said:
"Professor Zhang, don't worry. We have decided to make this secret recipe public. It's okay for you to take a look at it."
Professor Zhang San turned around and asked in surprise:
"Public? Mr. Lin, you probably don't know that if this prescription is real, this prescription alone is worth tens of billions of RMB. Don't joke with me."
Lin Tianhua said indifferently:
"How can we sue if we don't make this recipe public? We must use this medical book to prove that our secret recipe was not stolen. We have the medical book as evidence, and no one can deny this.
And there's no need to worry about the secret recipe being made public. Several natural herbs are now legally prohibited, and they're easily verified, making it difficult for ordinary pharmaceutical companies to counterfeit. If the ingredients aren't right, the efficacy will be drastically different."
Professor Zhang calmed down at this time, pondered for a while and asked:
"Have ancient medical books ever been dated?"
Lin Dezhi took a test report from the side:
"This is the conclusion reached by an authoritative department. In addition to being verified by cultural relics experts, the entire book has also been carbon-14 tested, proving that it dates back to the Jiajing era of the Ming Dynasty."
Professor Zhang looked at his student with satisfaction, nodded and praised:
"Okay, Dezhi, your chain of evidence was very timely and effective. With this medical book and this test report, you actually have the legal and orthodox basis for the secret recipe of Pien Tze Huang."
This is also easy to understand. Lingnan Hall has this Ming Dynasty medical book as a legal basis for owning the secret recipe of Pian Zai Huang.
Then it depends on whether Zhangzhou Pharmaceutical Factory can produce their evidence to prove that they mastered the secret recipe earlier than "Puyuanshan Notes".
At this time, Professor Zhang spoke again:
"But from the perspective of evidence, just having this 'Puyuanshan Notes' is not enough, because I see that the text on it records the recipe for the Eight Treasures Pill.
Just like when you withdraw money from a bank, you need to prove that your father is your father.
Now you also have to produce other evidence to prove that the recipe for Babao Dan recorded in "Puyuanshan Notes" is the recipe for Pian Zai Yang.
Because the recipe of Pian Zai Huang is a national secret recipe, it cannot be made public, and you will not be given the opportunity to compare.
Therefore, you must prove your innocence, otherwise the opposing lawyer will definitely seize on this point and completely deny "Puyuanshan Notes." (End of this chapter)
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