Rebirth of the Industrial Tycoon - Vol 2 Chapter 453

Chapter 453 Li Weidong’s Lawsuit

In the 1990s, ordinary Chinese obviously lacked knowledge of intellectual property rights.

Even a well-informed profession like a journalist probably doesn’t take intellectual property rights seriously.

On the contrary, Beverly’s excavators have reached the world’s advanced level, which can attract the attention of reporters.

What’s more, this is still spoken from the mouth of the Japanese.

Recognized by international friends, it’s more face than bragging.

And this international friend is also the representative of Komatsu Group in China. Komatsu Group is the world’s top engineering equipment manufacturer. Even Komatsu Group says that the technology of Beverly Excavator is very advanced, so it must be right.

So, the focus of the reporter’s report is not the intellectual property lawsuit, but the Fukang excavator has reached the world’s advanced level.

The original intellectual property litigation between enterprises is generally quite boring. The common people do not even have intellectual property rights, so how can they pay attention to this kind of litigation?

However, the fact that the products of Chinese companies reach the international advanced level can still attract the attention of ordinary people.

After all, China has been behind in technology for so many years, but any leading achievement in Asia can make many Chinese people proud.

And rushing out of Asia, going to the world, and reaching the international advanced level will greatly increase the national self-confidence of many people.

However, this internationally advanced enterprise was sued by a foreign enterprise, which immediately gained a lot of sympathy from the people.

Ordinary people don’t care about any intellectual property rights. They simply feel that domestic companies have finally reached the international leading level, but foreign companies have to sue. Obviously, foreign companies are deliberately stumbling.

Originally an ordinary intellectual property lawsuit, but because of this, it has attracted the attention of public opinion.

If there were hot searches at the time, it is estimated that the Beverly Engineering defendants would be among the top hot searches.

The attention of public opinion also made the media happy to report on related matters. Coupled with some public relations methods used by Li Weidong, this topic quickly became heated.

At the same time, Li Weidong also accepted an interview with reporters.

Facing the reporter, Li Weidong said calmly: “Our Fukang Project did not infringe on the intellectual property rights of the Komatsu Group. The accusation made by the Komatsu Group against our Fukang Project is completely slanderous!”

“But Komatsu Group said that your FK501 excavator is an imitation of their PC100 excavator. Komatsu Group has sufficient evidence to prove that your Beverly Project infringed their intellectual property rights.” The reporter said.

“I can also say that our Beverly Project also has evidence that we have not infringed on the intellectual property rights of the Komatsu Group!”

Li Weidong continued: “I have also seen some media interviews with Komatsu Group Representative Sakamoto Shota in my country. Mr. Sakamoto Shota believes that the technological level of Chinese enterprises is 30 years behind that of Komatsu Group. Our country’s enterprises cannot do Komatsu. The same technology of the group!

And Mr. Sakamoto’s basis for judging the infringement of our Beverly Project is that the technology of our Beverly Project is as advanced as the Komatsu Group. This is simply ridiculous!

If our technology is backward, nothing will happen. Our advanced technology is imitating their Komatsu Group. There is no such reason in the world! Therefore, Komatsu Electric’s lawsuit against us is entirely a means to suppress our Beverly Project!

Because the performance of our Beverly Engineering excavators has reached the level of Komatsu excavators, and our Beverly excavators are cheaper than Komatsu excavators in terms of price.

Komatsu excavators cannot gain a competitive advantage, and they are worried that we will take the market away, so they use this kind of smearing method to limit the sales of our Beverly excavators and also restrict the development of our Beverly Project.

Obviously, Komatsu Group does not want our domestic excavators to rise. In this case, their Komatsu excavators can continue to make a lot of money in the Chinese market! ”

“That’s it!” The reporter nodded in agreement.

Li Weidong’s remarks, in fact, can’t stand scrutiny at all.

Just think carefully, there are so many excavator companies in China, and some companies have introduced German technology. There are more companies that can create competition for Komatsu. Why does the Komatsu Group choose the Beverly Project to report?

But reporters are obviously laymen. Where they understand this, they will only focus on the main points of the news, find something that is stunted and that readers like to read, and put it in the newspaper.

What Li Weidong said is like a paparazzi broke the news. It sounds very learned, and readers must love it. The reporters don’t bother to deliberate and publish it directly.

Ordinary people will not carefully scrutinize Li Weidong’s remarks. After all, most people are just like people, and they are easy to be rhythmic. They believe what others say, and lack the ability to think independently and verify personally.

So when Li Weidong said that the Komatsu Group deliberately used litigation to suppress the development of the Fukang Project, most people believed it.

After all, in previous interviews, Komatsu Group’s representative in China, Shota Sakamoto, personally admitted that the excavator technology of the Beverly Factory, like the Komatsu Group, is at the world’s advanced level.

This also proves from the side that the excavators of the Fukang factory have come from behind and are no less inferior to the Komatsu excavators, so it has become a reasonable behavior for the Komatsu Group to find an excuse to suppress the Fukang project.

The public opinion is naturally on the side of the Beverly Project. Originally, the technology of the Beverly Project has reached the international leading level, and it has already won the support of many people.

Now that Li Weidong has denied the infringement of intellectual property rights and has packaged himself as a victim, public opinion is even more supportive of the Beverly Project.

…

Komatsu Group Office in China, Yang Xin, a lawyer holding a piece of newspaper, said: “Mr. Sakamoto, you said in an interview with the media that the technology of Beverly Engineering is the world’s advanced level.

Now Beverly Engineering has seized this point and made a fuss. They denied infringement of the Komatsu Group’s intellectual property rights and claimed that it was precisely because of their technological breakthroughs that they were deliberately suppressed by the Komatsu Group! ”

The translator told Yang Xin’s words to Shota Sakamoto, and Shota Sakamoto immediately explained: “That’s why the reporter took out of context to cause this situation. When I was interviewed by the reporter, I said a lot about intellectual property rights, but the reporter didn’t. Report.

As far as I said that the technology of Beverly Engineering is the world’s advanced level, I am actually saying that the technology of our Komatsu Group is the world’s advanced level. I mean, the technology of our Komatsu Group is the best! ”

Yang Xin waved his hand: “Mr. Sakamoto, what I have to do is to help you win the lawsuit, not to listen to you explain the problem, so you don’t need to explain this to me. This is of no use for us to win the lawsuit.

But what can be confirmed is that public opinion is very detrimental to us. I hope that you will not accept any reporter interviews again until the lawsuit is over. If a reporter wants to interview, ask them to come to me directly. In short, don’t make any comments. ”

“Okay, I understand.” Sakamoto nodded helplessly, and then said; “Lawyer Yang, if the public opinion is all down to the Beverly Project, will it affect the court’s decision and ultimately lead to us? Lost the case?”

“Mr. Sakamoto, you have to worry too much. The attention of public opinion will only make the judicial organs be more cautious and avoid mistakes when making judgments!”

Yang Xin continued; “Moreover, the court judges the case based on evidence and facts. As long as we can provide sufficient evidence to prove that the Beverly Project has indeed infringed the Komatsu Group’s intellectual property rights, we will definitely win the case.

Of course, the amount of compensation we demand may not be fully supported by the court. Under normal circumstances, they will only support a reasonable amount of compensation. But when that happens, I will try to exaggerate the Komatsu Group’s losses and strive for more compensation. ”

Shota Sakamoto still had a sad look on his face. He then asked: “We Komatsu Electric is a Japanese company after all, and this is China. I am really worried about whether your judicial department can give us a fair judgment.

In my experience, local companies always enjoy some protectionism. For example, we have fought several intellectual property lawsuits with Carter Pol. In the US courts, we have never won them once.

Sweden’s Volvo, Germany’s Liebherr, and Finland’s Hiab have also initiated intellectual property lawsuits against our Komatsu Group and Kubota. As long as they are in Japanese courts, they have never won! ”

“Mr. Sakamoto, don’t worry. Chinese law is fair and our judicial personnel are trustworthy. We all make judgments in accordance with the law, and we do not have a jury. This is different from foreign countries!” Yang Xin said.

“We do not have a jury in Japan either. The jury is only available in English-speaking countries.” Sakamoto said.

Since the Meiji Restoration, Japan has been madly learning from the West. The jury system has been introduced in the early Showa era. However, due to long-term preconceived decisions made by Japanese jurors, the trial of the case was unfair, and Japan was forced to cancel it in the 1940s. The jury system was changed to adopt professional judges to lead the trial of cases.

Yang Xin continued: “Mr. Sakamoto, in short, you don’t have to worry about being treated unfairly. We in China have a saying that everyone is equal before the law. This is also common to foreigners in China.”

Moreover, our country attaches great importance to investment promotion in recent years, and Komatsu Group is a Japanese company. If it is treated unfairly, it will also affect the country’s investment promotion.

So Mr. Sakamoto, you can rest assured! As long as there is no problem with the evidence you provide me, and it can indeed prove that the Beverly Project has infringed on the intellectual property rights of the Komatsu Group, then I can definitely help you win the lawsuit! ”

…

Intellectual property litigation is a civil case. Under normal circumstances, civil cases will be mediated first.

So before entering the formal trial stage, Li Weidong and his lawyer came to the court to accept mediation.

“We are very willing to accept mediation. As long as Beverly Engineering can accept the terms of our party, we can not proceed with the lawsuit.” Yang Xin said.

“We are also very willing to accept mediation. Of course, our Beverly Project also has conditions for reconciliation.” Li Weidong’s representative lawyer said.

The judge nodded. Since both parties are willing to accept mediation, it is a good start, so he said; “Then please tell us about your conditions! The plaintiff represents the lawyer, you say first.”

“Our request is very simple. We want Beverly Engineering to apologize to my agent and stop the infringement. At the same time, we should compensate our agent for the loss. According to the number of infringing products, each infringing product will compensate us for 40,000. US dollars!”

Yang Xin said, looking at Li Weidong triumphantly, and secretly said in his heart that you would not accept my previous conditions. Now the price has increased, and the 20,000 US dollars has become 40,000 US dollars.

The judges looked at Li Weidong again and said, “Please tell the defendant about your terms of settlement.”

Li Weidong’s attorney immediately said: “Our requirements are also very simple. The Komatsu Group withdrew the lawsuit and apologized in writing to our attorney, and at the same time paid all litigation costs and our attorney’s agency fees.”

Hearing this condition, the judge’s eyes showed a sense of helplessness. He thought it was a good start, but after hearing the demands of both parties, he realized that mediation was basically impossible.

So the mediation fails, and the case will enter the trial stage.

Before the trial, the first thing to do is the defense of the lawsuit.

There is a time limit for the defense in litigation. The defendant should submit a written reply within the time limit, clarifying the opinions on the original litigation request and the facts and reasons on which it is based.

Simply put, after the plaintiff submits the complaint, the defendant also submits a document stating his departure. In this way, it is fair for the plaintiff and the defendant to submit a written explanation.

This kind of thing, Li Weidong did not worry about it, and handed it over to the lawyer.

The written defense submitted by the lawyer, of course, denied the Komatsu Group’s accusation against Beverly Engineering.

Then it entered the stage of proof.

…

Komatsu Group Office in China, Yang Xin looked at the two boxes full of documents and rubbed his temples with a headache.

These large boxes of documents are all evidence prepared by Komatsu Group!

Intellectual property cases are like this, with a lot of patent documents or technology authorization documents at every turn.

An excavator, with so many parts and components, there are naturally many patents and technologies involved, and there are also many related documents.

“Lawyer Yang, the documents are here, I’ll take care of you next time!” Sakamoto Shota bowed slightly at Yang Xin.

“Mr. Sakamoto, this is what I should do.” Yang Xin said.

At this moment, Yang Xin’s cell phone rang.

Yang Xin picked up the phone and said a few words, but a playful smile appeared on his face.

Shota Sakamoto next to    asked, “Lawyer Yang, what happened? Is it about litigation?”

Yang Xin nodded: “Yes, I just received the notice from the court that Fukang Engineering applied to the court for evidence exchange!”

“Oh.” Sakamoto nodded too much: “Our evidence is very sufficient. But can Beverly Engineering also exchange evidence with us?”

“What evidence can the Beverly Project produce!” Yang Xin continued: “I think the Beverly Project just wants to check whether we really have enough evidence to prove that they infringed the Komatsu Group’s intellectual property rights. Mr. Sakamoto , Don’t worry, we have so much evidence that we can scare the other party’s lawyer to death by then!”

In the stage of proof production, there is a link, that is, the exchange of evidence between the parties.

According to the law, upon application by the parties, the court can organize the parties to exchange evidence before the hearing.

At that time, the parties to the trial will exchange the facts and evidence of the case under the auspices of the court.

…

Yang Xin’s car was parked in the court’s yard. As soon as he got out of the car, Yang Xin saw the Big Ben parked next to him.

Yang Xin knows that these two big Ben are Li Weidong’s cars.

“It seems that Li Weidong is here!” Yang Xin curled his lips, looked back at the two boxes of evidence in the car, and said in his heart: “Li Weidong, you will be surprised when you see so many evidences in a while!”

Then Yang Xin commanded the two apprentices, took up two boxes of evidence, and walked into the court.

Walking into the room of evidence exchange, Li Weidong has arrived.

In addition, there are three boxes on the table.

Yang Xin was taken aback for a moment, and he secretly said: “Under what circumstances, I brought two boxes, why did he get three boxes?”

updated today, thank you parents for subscribing, thank you for your monthly pass. Today I have fewer, and I can’t help but sleep more at the weekend. I think I can’t cure it in this life.

(End of this chapter)