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Chapter 31 The Invisible Legislator

How can we "direct and act by yourself, fight with each other" to turn a trademark into a "nationally famous" review standard? There are naturally many tricks in legal details.

Feng Jianxiong could not spend too much time explaining these operational matters to his sister or Zhou Tianyin.

With his temper, at most, he would give Snickers a step-by-step guidance to the cheap labor force of the direct executive level.

So, that night, facing the question of the young ladies "What do you want to do specifically", Feng Jianxiong just said a few concise words:

"My method is to put it bluntly: the current national trademark recognition system actually has two sets, one is to take administrative approval methods, and it only takes many years to meet many complex indicators to meet.

Another article is based on the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes in Trademarks" and even a supplementary provision issued in 2005, taking the "judicial recognition" approach - in this way, it is enough to find some courts, which is much easier than finding the State Administration for Industry and Commerce.

Moreover, the indicator requirements of 'judicial recognition' are much less rigorous than 'administrative recognition'. Generally speaking, we can finally get things done by the idea of ​​'pretending that there are people in almost all provinces across the country that are fake your products, then suing the other party for infringement and winning the lawsuit'. I won't say much about the details."

The routine mentioned by Feng Jianxiong is actually used by chance in China.

According to the market in 2006, there are currently forty or fifty trademarks nationwide every year. Because they are more counterfeit and more counterfeiting, they are finally judged as well-known in the infringement case judgment, so this trick cannot be considered absolutely original.

However, from 2002 to 2005, most of the well-known trademarks that were successfully recognized by judicial authorities were famous brands that were "really faked by countless people" - almost no one thought that like Feng Jianxiong, "there are counterfeits to go, and no one wanted to go for counterfeits to go for counterfeits."

The reason is not that Feng Jianxiong is smarter than all intellectual property lawyers in the country, but because the judicial interpretation of the Supreme Court in 2002 was relatively loose in the "discretion" standard for the presiding court, so many lawyers cannot figure out how far the fraud can be proved successful by the judicial system, so it is difficult to charge people for the payment of the bill, and they dare not risk agency because the cost of fraud is uncertain.

After the judicial interpretation was released in 2002, it took three years for the Supreme Court to gradually gain practical experience, and then added many detailed standards to the supplementary regulations in 2005. For example, "The specific details of "stipulating how many provinces in the country must be counterfeited and how many foreign countries must be counterfeited to be recognized as well-known", and then the major keen top law firms began to snickle the numbers and calculate the cost of counterfeiting, so as to give customers a quote.

Now in 2006, this business is in a time when there are strong demand and few people have figured out the way.

In the original history, this kind of tricks gradually increased until 2007 and 2008, and even the most advanced lawyers mastered this way of making money, and then they were ugly and mixed with fish and dragons.

By 2008, the number of well-known trademarks recognized by the state has increased rapidly from "does per year" in the era of "only two hundred pieces per year" in the era of "double tracks of administration and judicial entitlement to "more than two hundred pieces per year" in the era of "dual tracks of administration and judicial entitlement to "more than two hundred pieces per year" in the era of "dual tracks of administration and judicial entitlement to identify".

In other words, the new famous thing added every year is five times more than in the past, and this thing gradually has the risk of depreciation.

Finally, under the strong protest and interference of the State Administration for Industry and Commerce, after the game between industrial and commercial administrative and judicial organs, by 2009, the Supreme Court finally could not withstand the pressure and compromised, and issued a document [Legal Interpretation (2009) No. 3] - that is, "Interpretation of the Supreme People-Court on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes Cases involving the Protection of Well-known Trademarks".

Once this judicial interpretation was released, it covered several previous explanations that gradually expanded their power from 2002 to 2005, and reduced the legal effect of "judicial recognition is well-known" to the extent that "only individual cases are valid, they cannot be traced back, and they cannot be invoked in the future."

From then on, domestic intellectual property agency firms and law firms cut off the financial path of "self-directing and self-acting to help customers operate well-known", and the value of "famous trademarks" gradually recovered after 2009.

Now, Feng Jianxiong is obviously ready to have a good saliva.

At the same time, if the "judicial well-known" model has become a big fuss in advance because of his butterfly effect, then the "Interpretation of the Supreme People-Court on Several Issues Concerning the Application of Laws in the Trial of Civil Disputes Countries Investigating Well-known Trademark Protection" may also be promulgated in advance - by then, the font size in front of it will not be [Fashi (2009) No. 3].

It may be [Dharma Interpretation (2008) xx] or even [Dharma Interpretation (2007) xx].

Just like Feng Jianxiong's exposure of the "existing technology disguised as patents and committed to hitting the cart" model not long ago, it forced the State Intellectual Property Office to revise the "Patent Review Guidelines" in advance.

From this perspective, Feng Jianxiong took advantage of this loophole in advance to make money, and on the other hand, he was also whipping the national legislative system to accelerate the improvement of the country's legislative system, which is truly a great merit.

...

Feng Jianxiong didn't say these twists and turns, and the ladies didn't know about it for the time being.

Zhou Tianyin and Feng Yiji racked their brains with their respective social experiences, and only got one of the essences of Feng Jianxiong: "Listen to your ideas, it seems that the core competitiveness of the main thing is to turn a matter of 'original that originally had to find a very high-level administrative department to approve it' into 'just as long as you find a relatively low-level government office to approve it' - is that right?"

Feng Jianxiong was stunned and thought that as two laymen, it would be good to summarize like this, so he happily affirmed: "It's almost like this."

Zhou Tianyin sighed: "I didn't expect that just by lowering the administrative approval level, I could gain so much benefit."

Feng Jianxiong smiled: "Isn't this a skill? How can you underestimate this kind of operation? A truly reliable lawyer not only needs to get things done, but also needs to know how to spend the least resources to get things done.

Even if two lawyers can do things, one requires the favor of the minister and the other only requires the favor of the director. Then the lawyer who asks the director to succeed will naturally have a higher talent and industry status.

Not to mention the distance, I also said that at the turn of the century, Lawyer Liu, who operated the "top three Internet giants" to operate the listing of Nasdaq and foreign venture capital - Well, last year's listing of Baidu Nasdaq was actually entrusted by him.

How did he gain his first reputation? Isn’t it that Morgan Stanley wanted to invest in Ping An Insurance and entrusted him; and Goldman Sachs also wanted to invest in Ping An Insurance and entrusted his competitors.

By helping Morgan Stanley to build a plan, he lowered the administrative approval level and allowed investment as long as the Shenzhen Municipal Government approved it. However, his competitors were stunned to ask Goldman Sachs to go to the Ministry of Commerce and the State Administration of Foreign Exchange for approval according to the provisions of the State Law. As a result, it was delayed and finally turned bad.

The same thing was originally required to be approved by two state ministries and commissions. After a layer of criticism, the local municipal government could approve it, and the difficulty naturally dropped sharply. Doing such a thing once or twice can make it possible to make it possible for Sina Sohu Huangyi and Baidu to hire him on the issue of introducing foreign venture capital.

It can be seen how helpful is this "creating a new legal model, and making things that are explicitly stipulated by the legal terms that require high-level yamen to be approved even by low-level yamen" to the reputation of lawyers - and what I want to do today is also of this nature!

I just want to teach entrepreneurs in China to be human beings, so that they know that in the future, just look for me, Mr. Feng, and you don’t have to go through the State Administration for Industry and Commerce to make a famous trademark, but you just pass through the local courts of each province!”

Watch the fun outside, and the experts look at the tricks.

Originally, if Feng Jianxiong had not explained the last strange joke as a comparison, his sister and Zhou Tianyin could not realize how great what Feng Jianxiong was about to do.

But after being analyzed in detail and compared, Zhou Tianyin suddenly felt that Feng Jianxiong's awesomeness had been several levels higher.

It turns out that such a small innovation can be compared with "the top lawyers who operate Sina Sohu Huangyi Baidu's Nasdaq IPO business" in nature!

As for whether Feng Jianxiong was used to giving his face, or even just lying and not drafting, they didn't think much about it.

After all, he was born with such an eloquence that he was dead and was able to brag properly, and there was no trace of ps.

This kind of eloquence is used to deceive girls into worship, and it is simply useless and easy to avoid.

...

Zhou Tianyin chatted until late at night on the lantern that day and stayed at Feng’s house all night - it was summer vacation anyway, so it didn’t matter if I stayed up late.

The next day, Feng Yiji went to work in the accounting firm. Zhou Tianyin was embarrassed to be a light bulb and returned to her home.

The day before yesterday, she went out and was going to go through the mortgage loan procedures. After returning home, Zhou's mother Murong Ping naturally had to care about her daughter and ask how the matter was done.

However, no one knows a woman than a mother.

Murong Ping suddenly discovered that Zhou Tianyin had an inexplicable sense of absent-mindedness, which was somewhat similar to the blind worship of ignorant girls when they were chasing stars when they were young. Of course, as they grew older, their actual form of expression would definitely be more restrained.

"What's wrong? Have the loan been completed? No trouble, right?"

"No, everything is done." Zhou Tianyin smiled shyly and answered his mother's questions.

Then, somehow, he added a sentence of emotion: "Oh, I should look at you with admiration for three days after leaving. Yi Ji has always envied me, but now it's my turn to envy her."

Murong Pingsu's daughter has always been above the top, so she secretly wondered: "What? It's because the Feng family suddenly has money and can afford the same house as ours?"

"Mom! Am I that kind of stingy person?" Zhou Tianyin didn't cover up and said casually, "I didn't expect Yi Ji's younger brother to be so promising is really... It's simply... What you don't understand is not only the money problem, but the pursuit is too great. It's just to promote the process of practice."

Zhou Tianyin said, sighing a little while being a little dazed.

She has respected her father very much since she was a child.

In the Zhou family, although Zhou Tianming's income in previous years was not as good as Murong Ping's - the court, if he did not dare to make a judgment against the law, he still could not guarantee integrity, but he could only collect the hush money that followed the crowd.

Even if the tax bureau is not directly greedy, because there are many corporate relationships, there are countless opportunities for insider trading in the investment market. So much so that 700 to 80% of the property in the family are saved by Murong Ping, who has a relatively low official position level. She often criticizes her husband for this.

But in Zhou Tianyin's mind, her father is doing serious and important things. Over the years, she has been influenced by her and knows that in the judicial system, front-line judges should summarize, feedback on practical problems encountered in the trial, report them layer by layer to the Supreme Court, and promote a judicial interpretation or modification. How difficult and significant is it? (the judicial interpretations issued by the Supreme Court usually come from the requests from the High Court of various provinces)

So now, seeing Feng Jianxiong’s regular legal loopholes is as easy as "destroying from the bottom of chatting and laughing", her shock is extraordinary.

So much so that she forgot to be reserved and concealed in front of her family. As Murong Ping asked, Zhou Tianyin briefly explained what she saw and heard in the past two days and how awesome Feng Jianxiong was. She didn't have to exaggerate it.

When Murong Ping heard Feng saw that Xiong was so capable, she couldn't help but smell a trace of the girl's worries. She was secretly frightened and asked with a tentative smile:

"What? Xiaoyin, are you interested in someone's little boy? That's nothing. Anyway, you're going to graduate school, and you're afraid that dating will delay your studies? With your friendship with Xiao Feng, she is willing to help you get along with it. This is not easy... I think that child is really as good as you said. Even if his family background is a little bit bad, it's not considered insulting our Zhou family..."

Zhou Tianyin then woke up from his self-enclosed immersion. When his mother was speechless, her face turned red with shame: "What are you saying? I just hate that I am not motivated! How can I think about it? Such a child is three years younger than me? Besides, he just had a girlfriend."

After hearing this, Murong Ping knew that her daughter was still willing, but she was afraid of being embarrassed. She was too lazy to expose it again, but she gave Zhou Tianyin a face and asked indirectly: Is Feng Jianxiong's girlfriend another ponytail girl he met when he was looking at the house on the first day?

Zhou Tianyin gave a positive answer and briefly explained Sniker's situation.

I heard that Snicker came from a poor family and lost her father, Murong Ping suddenly felt that it was a threat:

"Hmph, if our Xiaoyin really wants to, hook her fingers and snatch Feng Jianxiong? The daughter of a famous family can still snatch a poor girl who doesn't know how to love herself? Besides, even in terms of beauty, Xiaoyin is not inferior to that girl.
Chapter completed!
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