Chapter 452: Li Weidong's Lawsuit

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

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

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

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

To be recognized by international friends is more face-saving than boasting.

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 true.

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

Originally, this kind of intellectual property litigation between enterprises is generally quite boring. Ordinary 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 enterprises have reached the international advanced level can still attract the attention of ordinary people.

After all, China is so many years behind in technology, but if there is a leading achievement in Asia, many Chinese people can be proud.

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

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

Ordinary people don't care about 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 making a stumbling block.

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

If there were hot searches at that time, it is estimated that the defendants of Fukang Engineering could be listed in the top few hot searches.

The attention of social public opinion also made the media willing to report on related matters. Coupled with some public relations methods used by Li Weidong, this topic soon became a hot topic.

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

Facing the reporter, Li Weidong said calmly: "Our Fukang project has not infringed the intellectual property rights of Komatsu Group. Komatsu Group's accusation against our Fukang project is 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 project infringed their intellectual property rights." The reporter said.

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

Li Weidong continued: "I have also seen some media interviews with the representative of Komatsu Group in China, Shota Sakamoto. Mr. Shota Sakamoto believes that the technical level of Chinese enterprises is 30 years behind that of Komatsu Group, and our country's enterprises cannot do Komatsu. Group the same technology!

And Mr. Sakamoto Shota's basis for judging the infringement of our Fukang project is that the technology of our Fukang project is as advanced as that of the Komatsu Group. This is simply ridiculous!

There is nothing wrong with our backward technology. Our advanced technology is to imitate 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 Fukang project!

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

Komatsu excavators could not gain a competitive advantage, and they were worried that we would take the market away, so they used this method of smearing and smearing to limit the sales of our Fukang excavators and the development of our Fukang 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! "

"So it is!" The reporter nodded in agreement.

Li Weidong's remarks are actually completely unworthy of scrutiny.

As long as you think about it carefully, there are so many excavator companies in China, and some companies have introduced German technology, and there are many companies that can create competition for Komatsu. Why does Komatsu Group choose Fukang Engineering to sue?

But reporters are obviously laymen. How can they understand this? They will only focus on the key points of the news, find some gimmicky things that readers like to read, and put them in the newspapers.

What Li Weidong said is like a paparazzi breaking the news. It sounds like a gimmick that readers will love to read, and reporters don't bother to scrutinize it any more and directly publish it in the newspaper.

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

Therefore, 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 the previous interview, Sakamoto Shota, the representative of Komatsu Group in China, personally admitted that the excavator technology of the Fukang factory, like the 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 longer 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 Fukang project. Originally, the technology of the Fukang 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 one-sided in support of the Fukang project.

...

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

Now Fukang Engineering has seized on this point and made a big fuss. They denied infringing on the intellectual property rights of Komatsu Group, and claimed that it was because of their technological breakthrough that they were deliberately suppressed by Komatsu Group! "

The translator told Yang Xin's words to Sakamoto Shota, and Sakamoto Shota immediately explained: "That's because the reporter took 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 my saying that the technology of Fukang 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 want to do is to help you win the lawsuit, not listen to you explain the problem, so you don't need to explain this to me, it is of no use for us to win 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 with reporters before the lawsuit is over. If there are reporters who want to interview, let them come to me directly, in short, you do not express any opinions. "

"Okay, I understand." Sakamoto Shota nodded helplessly, and then said, "Lawyer Yang, if all public opinion turns to Beverly Project, will it affect the court's decision and eventually lead to our Lose the lawsuit?"

"Mr. Sakamoto, you are overthinking it. The attention of public opinion will only make the judiciary be more cautious and avoid mistakes as much as possible when judging cases!"

Yang Xin continued: "And the court judges the case based on evidence and facts, as long as we can provide sufficient evidence to prove that the Fukang project has indeed infringed the intellectual property rights of Komatsu Group, then we will definitely win.

Of course, the amount of compensation we ask for may not be fully supported by the court. Generally, they will only support a reasonable amount of compensation. However, when the time comes, I will try to exaggerate the losses of the Komatsu Group and strive for more compensation. "

Shota Sakamoto still had a worried look on his face, and he continued: "We Komatsu Electric are Japanese companies after all, and this is China, I am really worried, 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 Caterpillar, and we have never won one in the US courts.

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, 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, which is different from foreign countries!" Yang Xin said.

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

Since the Meiji Restoration, Japan has been madly learning from the West. In the early Showa era, the jury system was introduced. However, due to the long-term preconceived verdicts of Japanese jurors, the trial of the case was unfair, and Japan was forced to cancel it in the 1940s. The jury system was adopted, and professional judges led 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, and this applies to foreigners in China as well."

Moreover, our country has attached great importance to the work of 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 it can indeed prove that Fukang Engineering has infringed the intellectual property rights of Komatsu Group, then I will definitely be able to help you win the lawsuit! "

...

Litigation of intellectual property rights is a civil case. Under normal circumstances, civil cases will be mediated first.

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

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

"We are also very willing to accept mediation. Of course, our Fukang project also has conditions for settlement." Li Weidong's 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 own conditions! The lawyer representing the plaintiff, you should say it 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 losses. According to the number of infringing products, each infringing product should compensate us 40,000 yuan. Dollars!"

Yang Xin said, looked at Li Weidong triumphantly, and secretly thought in his heart, I asked you not to accept my previous conditions. Now the price has increased, and 20,000 US dollars has become 40,000 US dollars.

The judge looked at Li Weidong again and said, "Please tell the defendant about your reconciliation conditions."

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."

Hearing this condition, there was a hint of helplessness in the eyes of the judge. 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 failed, 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 of the lawsuit, and the defendant should submit a written defense within the time limit, stating its opinions on the original claim and the facts and reasons on which it is based.

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

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

In the written defense submitted by the lawyer, of course, the allegations of Komatsu Group against Fukang Engineering were denied.

Next comes the proof stage.

...

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

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

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

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

"Lawyer Yang, the documents are all here, I'll ask you next time!" Sakamoto Shota 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.

Sakamoto Shota next to him asked, "Attorney Yang, what happened? Is it about the lawsuit?"

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

"Oh." Sakamoto Shota nodded: "Our evidence is very strong. But can Beverly Engineering also produce evidence and exchange it with us?"

"What evidence can Fukang Engineering come up with!" Yang Xin continued: "I think Fukang Engineering just wants to check if we really have enough evidence to prove that they have infringed on the intellectual property rights of Komatsu Group. Mr. Sakamoto Don't worry, we have so much evidence that we can scare the other party's lawyer to death!"

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

According to the law, upon the application of the parties, the court may organize the parties to exchange evidence before the hearing.

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

...

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

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

"Looks like Li Weidong is here!" Yang Xin curled his lips, looked back at the two boxes of evidence in the car, and said to himself, "Li Weidong, you will be shocked when you see so much evidence in a while!"

Then Yang Xin instructed the two apprentices to carry two boxes of evidence and walked towards the court.

Walking into the room where the evidence was exchanged, Li Weidong had already arrived.

In addition, there are three boxes on the table.

Yang Xin was stunned for a moment, and secretly said in his heart: "What's the situation, I only brought two boxes, why did he bring three boxes?"

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