Lin Dezhi was a little dissatisfied at this time:
"That's not right, Teacher Zhang. We've checked and found that the Ludao Chinese Medicine Factory was producing and selling Pien Tze Huang under the name 'Babao Dan'.
But later, Zhangzhou Pharmaceutical Factory sued them, saying that Babaodan was Pianzaihuang and would not allow Ludao Chinese Medicine Factory to use the name Babaodan.
Then we can also give him a taste of his own medicine. You yourself said that Babao Dan is Pian Zai Yang. On the premise that we have already produced the Babao Dan formula, aren't we acknowledging the record in "Puyuanshan Notes"?
Aren’t they just shooting themselves in the foot?”
Professor Zhang smiled and shook his head, then said:
"The problem is that our country is not a country of common law."
When Lin Dezhi heard this, he was stunned for a moment.
Case law is the main source of law in Western legal systems, as opposed to the written law or enacted law in civil law systems.
The basic principle of case law is "stare decisis".
That is, when a court hears a case, it must use the precedents of previous courts as the legal basis for hearing and ruling;
If we encounter the same or similar cases again regarding issues that have been dealt with in effective judgments of this court and the higher courts, we shall not make judgments that are contrary to or inconsistent with the past judgments unless there are new circumstances and more sufficient reasons are provided.
Until someday in the future the Supreme Court makes a different ruling in another similar case.
To put it bluntly, for the same case or similar cases, the decisions made by other judges are of reference value, and subsequent similar cases must follow the previous decisions.
The advantage of doing so is that it can maintain legal stability and continuity, help the public accurately predict the legal consequences of their actions, and enhance judicial transparency.
Because my country is not a country of common law, there are no such restrictions when it comes to the Lingnan Hall lawsuit.
For example, Zhangzhou Pharmaceutical Factory and Ludao Pharmaceutical Factory had a lawsuit. Zhangzhou Factory said that Babaodan was Pianzaihuang, and then won the lawsuit.
But when suing Lingnantang, Zhangzhou Pharmaceutical Factory will ask, how can you prove that Babaodan is Pianzaihuang?
You said that your Zhangzhou Pharmaceutical Factory said it at the beginning, and there is also a precedent, which is the evidence.
But the lawyer of Zhangzhou Pharmaceutical Factory would argue that it was another case and had nothing to do with this case.
That's just fucked up.
When Lin Dezhi heard Professor Zhang's words, he did not get discouraged. Instead, he had a look of confidence:
"Haha, Teacher Zhang, thank goodness we prepared well, otherwise we might have suffered a great loss in this legal debate.
Teacher Zhang, look, this ancient medical book is "Longxi Fang Ge Kuo" written by the Min medical master Lu Dazhong in the late Ming and early Qing dynasties.
Look at this page. It records the origin of the folk name of Pien Tze Huang, and it clearly states that Pien Tze Huang is another name for Babao Dan.
Professor Zhang took the ancient book and flipped through it carefully, and couldn't help but wonder:
"That's amazing! You were able to find even this obscure ancient medical book. It seems you've made sufficient preparations."
Lin Dezhi took the third medical book and said proudly:
"Teacher Zhang, here is a book on Buddhist medicine from the Qing Dynasty called 'Nanshan Medical Prescriptions', which also clearly records that the Eight Treasures Pill was originally in the hands of Nanshan Temple.
Later, during the Republic of China, a monk named Yanhou returned to secular life. He obtained the recipe for the Eight Treasures Pill from the temple. It was probably not considered a high-end or top-secret medicine at that time.
After Monk Yanhou came to the countryside, he opened a pharmaceutical factory to produce Babao Dan, and even gave it a brand name, selling it as "Sengmao Brand" Pien Tze Huang. This is clearly recorded in the book "Nanshan Medical Prescriptions."
Lin Tianhua added at this time:
"Another piece of evidence is that in 1956, the relevant authorities felt that the 'Monk's Hat' brand promoted feudal superstition, so they changed the name to Lychee Brand."
Professor Zhang carefully studied the three medical books before finally speaking:
“The three ancient books can verify each other, and you have also tested the age, which can serve as a complete chain of evidence.
In particular, the clear records of "Monk's Hat Brand" and "Lychee Brand" Pien Tze Huang further prove that Pien Tze Huang is just a common name, not a trademark, and is not protected by law.
But Mr. Lin, and Dezhi, you have to understand that sometimes... hehe. There are too many off-field factors, and just because someone has evidence doesn't guarantee a favorable verdict.
Take the Ludao Chinese Medicine Factory you just mentioned. Back then, they were indeed one of the two largest pharmaceutical companies producing Pien Tze Huang, and they also held the 'genuine Pien Tze Huang secret recipe,' so why did they keep losing lawsuits?"
Lin Tianhua and Lin Dezhi looked at each other, and their expressions, which had just been confident of victory, instantly became serious.
Professor Zhang leaned back on the sofa and said with a wry smile:
"So, from my professional perspective, your evidence is flawless and very strong, and there's absolutely no problem in winning this lawsuit. But you two must be mentally prepared.
Why I am not optimistic, because I have seen too many gray areas.
Before coming here, I also inquired through my own connections about why Zhangzhou Pharmaceutical Factory suddenly wanted to attack Lingnan Hall. I'm afraid there's more to it than just commercial competition."
As a top legal expert in the country, Professor Zhang San has good relationships with all domestic legal teams, and many of them are even his disciples.
There was almost nothing he couldn't find out as long as he wanted to know.
After hearing this, Lin Tianhua did not look sad as expected, but instead laughed as if it didn't matter.
Professor Zhang was a little puzzled, wondering what kind of backer was behind the Lingnan Group, allowing them to sit on the Diaoyutai?
Lin Dezhi is not a core figure in Lingnan Group, and he is also full of doubts about Uncle Shi's ease.
After he sent away the "foreign aid" Professor Zhang, he hurried back.
Lin Tianhua was chatting with Lin Sanqi on his mobile phone by texting. When he saw Lin Dezhi come in, he asked casually:
"Has Professor Zhang's hotel been arranged?"
"It's arranged. I'll let Teacher Zhang rest at the XX Hotel downstairs first, and then we'll treat him to dinner together tonight."
Lin Tianhua nodded, smoking a cigarette while leisurely sending a message:
"Professor Zhang's service fee is higher. Although we cannot hire him as a legal advisor, he can still be very useful in helping us with private advice and checking legal matters."
Lin Dezhi looked around to see if there was anyone around, then he asked softly:
"Uncle Shi, Teacher Zhang just said that someone is targeting our Lingnan Group. I see why you are not nervous at all?
Although Mr. Zhang didn't say it explicitly, if they had the guts to take over a large company with a tax revenue exceeding 10 billion, the other party must be quite influential."
Lin Tianhua paused, looked up at his nephew, and laughed:
"Zhizi, why are you so nervous about this? Let me test you. What is the core asset of our Lingnan Group?"
Lin Dezhi replied without hesitation: "It's ginseng and cordyceps."
Lin Tianhua laughed, blew out a smoke ring and said:
"Yes, it is ginseng and cordyceps, but all the supply channels for these two businesses are controlled by Qizi, and all the inventory is also in Qizi's hands. With these two points, we have become invincible and no one can take it away from us.
In addition, Zhangzhou Pharmaceutical Factory is too naive. They think that fighting a trademark lawsuit with us for Pian Zai Huang will cause great harm to our Lingnan Hall and that we will definitely be seriously injured.
Let me reveal something: Pien Tze Huang's sales and profits are less than one percent of our company's. Do you understand? Pien Tze Huang's business is far less significant than everyone thinks.
So you see, Qizi is not nervous at all. He is still eating, drinking and having fun in Europe. If I hadn't contacted him, he would never even ask about this lawsuit.
If the boss isn’t worried, we don’t have to worry either.”
Lin Dezhi was not only not puzzled, but even more confused:
"Uncle Shi, that's not right. Since Pien Tze Huang's business is not important, why don't we just shut down its production? Wouldn't that save us a lot of trouble?"
Lin Tianhua laughed out loud after hearing this:
"You're wrong again. We must fight this lawsuit, and we must fight it vigorously. Even if we are prepared to lose the case, we must fight it to the end for two reasons.
One is that Pian Zai Huang is just the beginning.
Watch out! Over the next few years, your legal department will be the busiest department. If Pien Tze Huang loses the lawsuit, we will be sued by countless domestic pharmaceutical companies, even facing charges of fraud.
Therefore, for the honor of the group and to avoid trouble in the future, we are fighting this lawsuit vigorously, at all costs, and not afraid of spending huge amounts of money, and we must make our position clear: we at Lingnan Group will never compromise.
In addition, Qizi has long said that litigation is also a form of corporate publicity.
Our Pian Zai Huang uses more solid ingredients, all of which are natural medicinal materials. For example, we use natural musk and bezoar, as well as wild ginseng from Northeast China.
The raw materials used by Zhangzhou Pharmaceutical Factory are all artificial synthetic products or cultivated ginseng. Compared with ours, the therapeutic effects are far superior.
Therefore, once this lawsuit is filed, everyone will know that Lingnantang also produces Pien Tze Huang. Then we can hire internet trolls to hype it up again, saying that Lingnantang Pien Tze Huang is more effective and that the Pien Tze Huang produced by Zhangzhou Factory is rubbish.
Even if we lose the lawsuit, we'll still have a good reputation and sales. As our boss says, this is called self-promotion, haha." (End of chapter)
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