Reborn Industrial Tycoon

Chapter 453 Li Weidong’s lawsuit

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

Even journalists, a well-informed profession, probably don’t take intellectual property rights seriously.

On the contrary, the fact that Fukang excavators have reached the world's advanced level can attract the attention of reporters even more.

What's more, these words came from the mouth of a Japanese person.

Being recognized by international friends is more honorable than bragging.

Moreover, 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 said that the technology of Fukang excavators is very advanced, so it must be right.

Ever since, the reporter’s focus was not on the intellectual property lawsuit, but on the fact that Fukang’s excavators had reached the world’s advanced level.

Originally, this kind of intellectual property litigation between enterprises was generally quite boring. Ordinary people didn't even care about intellectual property rights, so how could they pay attention to this kind of litigation?

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

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

Breaking out of Asia, going global, and reaching international advanced levels will greatly enhance the national self-confidence of many people.

However, this internationally advanced company was sued by a foreign company, which immediately gained the sympathy of many people.

Ordinary people don't care about intellectual property rights. They simply feel that domestic companies have finally reached the world's leading level, but foreign companies want to sue. It is obvious that foreign companies are deliberately stumbling.

What was originally an ordinary intellectual property lawsuit has attracted the attention of public opinion.

If there had been hot searches at that time, it is estimated that the matters related to the defendants of Beverly Engineering would have been among the top hot searches.

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

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

Facing reporters, Li Weidong said calmly: "Our Fukang Engineering has not infringed on the intellectual property rights of Komatsu Group. The accusations made by Komatsu Group against our Fukang Engineering are completely slander!"

"But Komatsu Group said that your FK501 excavator is a copy of their PC100 excavator. Komatsu Group has sufficient evidence to prove that your Fukang Engineering has infringed their intellectual property rights," the reporter said.

"I can also say that our Fukang Engineering also has evidence to prove that we have not infringed on the intellectual property rights of Komatsu Group!"

Li Weidong continued, "I have also read some media interviews with Shota Sakamoto, the representative of Komatsu Group in China. Mr. Shota Sakamoto believes that the technical level of our country's enterprises is thirty years behind Komatsu Group, and our country's enterprises cannot be as good as Komatsu."

The same technology of the group!

Mr. Sakamoto Shota’s basis for judging our Fujian Engineering’s infringement is that our Fujian Engineering’s technology is as advanced as that of Komatsu Group. This is simply ridiculous!

There is nothing wrong with our backward technology. Our advanced technology is just a copy of their Komatsu Group. There is no such thing in the world! Therefore, Komatsu Electric’s lawsuit against us is completely a means to suppress our Fukang Engineering!

Because the performance of our Fukang Engineering excavators has reached the level of Komatsu excavators, and our Fukang excavators are cheaper than Komatsu excavators.

Komatsu excavators were unable to gain a competitive advantage and were worried about losing the market to us, so they used this method of slander to limit the sales of our Fukang excavators and also limit the development of our Fukang Engineering.

Obviously, the Komatsu Group does not want our domestic excavators to rise. In this case, their Komatsu excavators can continue to make huge profits in the Chinese market!"

"That's it!" The reporter nodded in deep agreement.

In fact, Li Weidong's words cannot withstand scrutiny at all.

If you think about it carefully, there are so many excavator companies in China, and some companies have introduced German technology. There are so many companies that can create competition for Komatsu. Why did Komatsu Group single out Fukang Engineering to sue?

But reporters are obviously laymen. How do they know this? They only focus on the key points of the news, find some gimmicks that readers like to see, and put them in newspapers.

What Li Weidong said is like paparazzi breaking news. It sounds very gimmicky and readers will definitely like to read it. The reporter didn't bother to think about it carefully and just published it in the newspaper.

Ordinary people will not carefully examine Li Weidong's words. After all, most people follow what others say and are easily led to believe what others say. They lack the ability to think independently and verify it themselves.

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

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

This also confirms from the side that the excavators of the Fukang factory have come from behind and are no less inferior to the Komatsu excavators. Therefore, it becomes a reasonable behavior for the Komatsu Group to find excuses to suppress the Fukang project.

Naturally, public opinion is on the side of Fukang Engineering. Fukang Engineering's technology has reached the world's leading level and has won the support of many people.

Now that Li Weidong has denied the infringement of intellectual property rights and branded himself as a victim, public opinion has become even more one-sided in support of Fukang Project.

…

At the Komatsu Group office in China, lawyer Yang Xin took some newspapers and said, "Mr. Sakamoto, when you were interviewed by the media earlier, you said that Fukang Engineering's technology is at the world's advanced level.

Now Beverly Engineering has seized on this to make a big fuss. They deny infringing the intellectual property rights of Komatsu Group, and claim that it is precisely because their technology has made breakthroughs that they have been deliberately suppressed by Komatsu Group!"

The translator told Shota Sakamoto what Yang Xin said, and Shota Sakamoto immediately explained: "It was the reporter who quoted it out of context, which caused this situation. When I was interviewed by the reporter, I said a lot about intellectual property rights, but the reporter did not

Report.

As for me saying that Fukang Engineering’s technology is at the world’s advanced level, I am actually saying that our Komatsu Group’s technology is at the world’s advanced level. What I mean is that our Komatsu Group’s technology is the best!”

Yang Xin waved his hand: "Mr. Sakamoto, what I want 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, which is of no use to us winning the lawsuit.

But what can be confirmed is that public opinion is very unfavorable to us. I hope that you will not accept any more interviews from reporters before the lawsuit is over. If any reporters want to interview, let them come to me directly. In short, don’t publish anything.

Viewpoint.”

"Okay, I understand." Shota Sakamoto nodded helplessly, and then said, "Lawyer Yang, if public opinion all turns to Fukang Engineering, will it affect the court's judgment and ultimately lead to our

Lost the case?"

"Mr. Sakamoto, you are worrying too much. The attention of public opinion will only make the judicial organs more cautious when judging cases and avoid mistakes as much as possible!"

Yang Xin continued, "And the court will look at evidence and facts when deciding a case. As long as we can provide sufficient evidence to prove that Fukang Engineering has indeed infringed on Komatsu Group's intellectual property rights, we will definitely win."

Of course, the court may not support all the compensation amounts we request. Under normal circumstances, they will only support reasonable compensation amounts. But when the time comes, I will try to exaggerate the losses of Komatsu Group and strive for more compensation."

Shota Sakamoto still looked worried, and then asked: "After all, our Komatsu Electric is a Japanese company, and this is China. I am really worried about whether your judicial department can give us a fair verdict.

In my experience, local companies will always enjoy some protectionism. For example, we have fought several intellectual property lawsuits with Caterpillar, and we have never won a single case in the U.S. courts.

Sweden's Volvo, Germany's Liebherr and Finland's Hiab have also launched intellectual property lawsuits against our Komatsu Group and Kubota, and they have never won in Japanese courts!"

"Mr. Sakamoto, don't worry, China's laws are fair, our judicial officers are trustworthy, we all make judgments in accordance with the law, and we don't have a jury. This is different from foreign countries!" Yang

Xin said.

"We don't have juries in Japan either. Juries are only found in English-speaking countries." Shota Sakamoto said.

Since the Meiji Restoration, Japan has been crazy about learning from the West. The jury system was introduced in the early Showa era. However, because Japanese jurors made preconceptions for a long time, the trial of the case was unfair. Japan was forced to abolish it in the 1940s.

The jury system was replaced by professional judges taking the lead in the trial of cases.

Yang Xin continued: "Mr. Sakamoto, in short, you don't have to worry about being treated unfairly. We have a saying in China that everyone is equal before the law. This applies to foreigners in China as well."

Moreover, our country has attached great importance to attracting investment in recent years, and Komatsu Group is a Japanese company. If it is treated unfairly, it will also affect the country's investment attraction.

So Mr. Sakamoto, you can rest assured! As long as the evidence you provide me is correct and can indeed prove that Fujian Engineering has infringed the intellectual property rights of Komatsu Group, then I can definitely help you win the case!"

…

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 for mediation.

"We are very willing to accept mediation. As long as Fukang Engineering can accept the conditions of our party, we do not need to prosecute." Yang Xin said.

"We are also very willing to accept mediation. Of course, our Fukang Engineering also has settlement conditions." Li Weidong's lawyer said.

The judge nodded. Since both parties are willing to accept mediation, that is a good start, so he said, "Then please tell us your respective conditions! The lawyer representing the plaintiff, you speak first."

"Our request is very simple. We want Fukang 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 should compensate us 40,000 yuan.

Dollars!”

Yang Xin said, looking at Li Weidong triumphantly, and thought to himself, I asked you not to accept my previous conditions, but now the price has increased, from 20,000 US dollars to 40,000 US dollars.

The judge looked at Li Weidong again and said, "Please tell the defendant your terms of settlement."

Li Weidong's attorney immediately said: "Our request is also very simple. Komatsu Group withdraws the lawsuit, apologizes in writing to our agent, and pays all litigation costs and our attorney's fees."

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

As a result, the mediation fails, and the case will then enter the trial stage.

Before the court hearing, the first thing to do is to defend the lawsuit.

There is a time limit for litigation defense, and the defendant should submit a written defense within the time limit, stating his opinions on the original litigation claim and the facts and reasons on which it is based.

To put it simply, after the plaintiff submits the complaint, the defendant must also submit a document explaining his departure. In this way, it is fair for the plaintiff and defendant to each submit a written explanation.

Li Weidong didn't worry about this kind of thing and left it to the lawyer.

The written defense submitted by the lawyer certainly denied Komatsu Group's accusations against Beverly Engineering.

Next comes the stage of proof.

…

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

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

This is what intellectual property cases are like. It is easy to have a lot of patent documents or technology authorization documents.

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

"Lawyer Yang, the documents are all here. I'll leave the rest to you!" Shota Sakamoto bowed slightly to 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.

Next to him, Shota Sakamoto asked: "Lawyer Yang, what happened? Is it related to a lawsuit?"

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

"Oh." Shota Sakamoto nodded: "Our evidence is very sufficient. But can Fukang Engineering also provide evidence in exchange for us?"

"What evidence can Beverly Engineering provide?" Yang Xin continued: "I think Beverly Engineering just wants to check whether we really have enough evidence to prove that they have infringed the intellectual property rights of Komatsu Group. Mr. Sakamoto

, don’t worry, we have so much evidence, we can scare the other party’s lawyer to death!”

In the evidence stage, there is a link, which is the exchange of evidence between the parties.

According to legal provisions, upon application by the parties, the court can organize the parties to exchange evidence before the trial.

At that time, the parties involved in the trial will exchange information on the facts and evidence of the case under the auspices of the court.

…

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

Yang Xin knew that these two big cars were Li Weidong's cars.

"It seems Li Weidong has arrived!" Yang Xin curled his lips, looked back at the two boxes of evidence in the car, and thought to himself: "Li Weidong, you will definitely be shocked when you see so much evidence!"

Yang Xin then directed his two apprentices to pick up two boxes of evidence and walked into the court.

Entering the room where evidence was exchanged, Li Weidong had indeed arrived.

In addition, there are three boxes on the table.

Yang Xin was stunned and thought to himself: "What's going on? I just brought two boxes, why did he bring three boxes?"

Today's update is delivered. Thank you for your subscription, and thank you for your monthly votes. Today's update is a little less. As soon as the weekend comes, I can't help but sleep a little more. I will hibernate in the spring, summer, and autumn. I guess it will be the rest of my life.

It can't be cured.