Later generations of people who have studied a little bit of intellectual property-related law - even if they just take the "legal foundations" of the freshman public course a little more seriously.

It is not difficult to know that since the 90s, there has been the concept of "reverse counterfeiting" in the field of domestic trademark law.

When the teacher talked about this concept, there was only one case in 10,000 years: the crocodile reverse counterfeiting maple leaf trousers.

It was in the late 80s and early 90s, and the Xiangjiang crocodile (the one that starts with C, the French crocodile at the beginning) was a big hit in China, catching up with the frenzy of desperately chasing Hong Kong famous brands in the mainland market.

As a result, the production capacity of Xiangjiang crocodile itself could not keep up, and he did not learn to talk about OEM OEM processing of foundries like Nike, so he learned a trick: the quality of the maple leaf trousers in Beijing is good, the design style and texture are similar to those of Xiangjiang crocodile, and the price is only one-third of that of brand-name Hong Kong goods.

So the crocodile family directly asked the other party to order a large number of goods, and the Maple Leaf Factory directly pulled away a car of trousers, cut the Maple Leaf trademark and put it on the crocodile's own trademark, and immediately resold it at a price of three times.

Later, the Maple Leaf Factory found that there were fewer and fewer trousers on the market, so it was realized that it had been bought and changed after cutting the label, so it wanted to file a lawsuit.

At the beginning, the crocodile family was completely true: we didn't infringe on your trademark rights! We bought your pants with real money at the market price! We also pasted our own own brand with 100% right to use, what is your business?

However, after some game, Maple Leaf Factory won the lawsuit, and the legal basis for this is "reverse counterfeiting".

The business logic in this is as follows: the Maple Leaf Factory produced a pair of trousers, assuming that the cost was 80 and the price was 100, the reason why it only sold 100 instead of 110 and 120;

It is because in addition to making a profit of 20 yuan, the company also hopes to harvest "one more pair of Maple Leaf trousers on the market, so that the people can see the opportunity of the Maple Leaf brand to increase a little, and contribute to the accumulation of goodwill and brand intangible assets for the Maple Leaf trademark".

In other words, there is a certain implication of "making less money in exchange for earning a little more".

To use an analogy that later generations can better understand and more extreme ways, it is like during the Double 11 period, when some brands engaged in 1 yuan seckill, the reason why they lost money was to increase brand exposure.

If at this time, there are other merchants who make scripts, leave their 1 yuan seckill goods in seconds, erase the brand and then put it on the market, it is obviously infringing on the publicity effect of the other party's seckill publicity activities.

This is also why many foundries in later generations that have their own brands and do OEM for others often sell more expensive prices than their own brands when OEM - the price difference is in exchange for the loss of "working but not earning reputation".

is like a writer who writes online articles under his pen name, if he can sign a buyout of 50 yuan of 1,000 words. At this time, a great god wanted to hire him as a gunman, so how could he get 80 words for 1,000 words - after all, when you take 5000 words, you will get not only this 50, but also fame, and the opportunity to be popular. And if you hang the great god as a gunner, the potential of "red" will go to the great god.

Therefore, in that case in the 90s, the Beijing Court finally ruled against the crocodile family. The reason is that "the behavior of the crocodile has led to the decline in the exposure of the Maple Leaf brand in the market".

However, after entering the 90s, everyone can understand the business logic,

In 1979, it was rare for anyone to think of such a tricky angle.

Even a brand like Nike, in 79 years, was still a "heavy" company with its own production plant.

It is not the kind of "lightweight" company that only has two departments, design and branding, and the rest of the entire production and supply chain is contracted to the Vietnamese factory.

"When the foundry gives people OEM, the price charged is more expensive than building its own brand", and few people in the world can form it.

But Gu Biao gave Mitsui Sushi a slap in the face from this perspective:

There is no provision in the law, but my brother is clearly telling you that after the introduction of China's membrane technology, you will get more than just the profit of selling the equipment itself.

It is more of a proof of your company's technical strength, an international ranking in the industry, and an improvement of goodwill. Brother is like being a gunman for you.

So, even if you lose money to sell equipment, that's right, don't feel so wronged.

Decades later, when fame, goodwill, and traffic are more valuable, there are so many people who even kill in seconds, what are you doing!

This opens up a new statistical dimension for ships.

Extraneous factors that people never thought of were directly redefined into the negotiation process.

It's like a chemical plant owner who was just calculating the gross profit of products, and suddenly his ears were grabbed by the world's first environmentally friendly government: come on, let's calculate the comprehensive social benefits and add your sewage treatment costs......

Coupled with the situation of "domestic foreign exchange only theory" that Gu Wei baked, and gave a large amount of dry goods to prove it, Yu himself had to believe that "if the Chinese do not sell licenses, they will really rather lose money and make their own foreign exchange."

One soft and one hard, two hands to attack.

Mitsui Sushi and his legal and business assistants gradually collapsed.

……

"Mr. Gu is really a genius, just this time, we agree in principle with your final offer: when the sales volume is less than 5 sets in the next 3 years, our company will pay the exclusive license fee for the patent according to the guaranteed reserve price of 1.2 million US dollars. If there are less than 10 sets, the price will be calculated at 200,000 US dollars per set, and if there are less than 20 sets, it will be 150,000 ......"

This price is indeed 20% lower than the minimum sales volume of 300,000*5 that Gu Biao said at the beginning.

However, it has far exceeded the bottom limit of the military order set by Director Bao at the beginning: Director Bao's request of more than 100,000 yuan is not considered a mistake, and 150,000 yuan is considered a great merit. But what Gu Biao talked about was 240,000.

In other words, if only the minimum sales volume is shipped, the Japanese side will not only not make a penny, but also lose $40,000 a set.

It is equivalent to advertising expenses to prove the strength of the brand.

This is a superior condition that people in China dare not think of.

When Mitsui Sushi was so soft, he was also completely exhausted.

"Thank you, President Mitsui, for your understanding. "The negotiations have taken three days, and Gu Biao is also a little tired.

He is very satisfied with such a breakthrough in the end, "I wonder when do you think it is appropriate to officially sign a contract, Mr. President?"

"Don't worry, the surrounding terms can be drafted well, let's just set the core price." Mitsui Sushi Gu said to him left and right, "I wonder if Mr. Gu can guess who I thought of when I agreed to your offer just now?"

"How do I know that. Gu Biao shrugged.

"I think of the great Konosuke Matsushita senior. Mitsui Sushi sighed with fascination, but a hint of cunning flashed in his eyes, and then he continued to tout sparelessly,

"15 years ago, when Panasonic's predecessors negotiated with Philips in the Netherlands, Philips asked Panasonic to charge an additional 7% 'technical service fee' in addition to the premium for product cooperation, to emphasize that Philips is an international first-line brand, which is of great help to Panasonic's technical standards and compliance construction, and also said that this is an international practice for Philips to cooperate with any partner.

Panasonic's predecessors researched for a long time, and finally proposed to charge Philips a 3.5% 'management service fee' in reverse to hedge - at that time, this was the first time that this fee appeared in the field of international business cooperation.

In the end, Panasonic's predecessors have demonstrated the theoretical basis and ironclad evidence, proving that the cooperation with Panasonic has made substantial improvements to the management standardization of Philips. This case can be said to have won glory for the country back then, and my generation of entrepreneurs admired the insight and foresight of Panasonic's predecessors.

In the past few days, Mr. Gu has been able to propose for the first time in the negotiation of technology licensing fees that it is linked to the 'goodwill premium of technical strength', and he can finally force our company to comply, with a keen vision and sharp eloquence, no less than Panasonic's predecessors who fought against Philips alone - I believe that after you return to China, you will definitely be rewarded for your promotion. ”

"What did this little man want to do? Obviously he lost the negotiation to me, and he still compared me with the founder of Panasonic and wore a high hat? Could it be that he wanted to trick me, what kind of conspiracy was there?" Gu Biao secretly wondered, always feeling that something was wrong.

And the two companions beside Gu Biao didn't think so deeply, they were just shocked by Mitsui Sushi's top hat.

Konosuke Matsushita! That's my "god of management"!

It can be said that until 95 years ago, the most popular management books read by the directors and general managers of state-owned enterprises in China were "The Biography of Konosuke Matsushita" and "The Biography of Henry Ford."

The biography of entrepreneurs is regarded as a treasure trove of management, which can be regarded as a characteristic of that era.

The elder Ford was too far away, and Konosuke Matsushita lived until the end of the 80s, so he would be adored by entrepreneurs all over China for at least fifteen years.

It is now estimated that only Soichiro Honda's reputation can barely match it.

As for the other two of the "Four Saints of Management": Akio Morita and Kazuo Inamori.

One has to rely on "Sony Dafa Hao" to become popular before the Jianghu coffee position rises to the same level;

And the other lived a long life, and his peers survived to death, so he was naturally right about everything.

(Of course, they are all powerful, but here it is just that the prestige of the late 70s was almost hot.) ）

"Senior Gu's small innovation in the negotiation turned out to be so powerful? Even the president of this large company compared him to Konosuke Matsushita? How far-sighted does this have to be?" Yang was shocked and inexplicable, but he still remembered his work.

He quickly checked the Sony RX-78 Walkman on the chair next to him, making sure that the tape was not finished and that the negotiation process was still being recorded.

This Sony Walkman was bought when Senior Gu accompanied him to Akihabara for shopping (Gu Biao used it himself, not for Yang Xin, and the other party didn't dare to accept it).

Since the start of the formal negotiations, Senior Gu has taken care of him to record the whole process every day, and he has used up more than 10 audio tapes.

At first, Yang Xin didn't understand why he did this, but he saw that the Japanese side did the same - whatever was said during the negotiations between the two sides had to be publicly recorded.

Yang Xin didn't ask any more.

Maybe it's to prevent rip-offs and make both sides cautious.

And the words that President Mitsui praised Gu Biao just now were naturally recorded.

At this moment, Gu Biao's answer to President Mitsui pulled Yang Xin back from shock.

President Mitsui said with a smile, we are a society that pays attention to the country, and we are talking about dedication to the country. My bargaining today is completely official and fighting for the interests of the country, and it has nothing to do with me personally, so please don't be promoted.

China's relevant policies clearly stipulate that my family and I can only be the person in charge and the main contributor of technological achievements, and get 3%~4% of the foreign exchange bonus for direct foreign technology authorization, which has nothing to do with the contribution in the negotiation. ”

These remarks are righteous and strict disclosure of state policy to the other side, and they should be clarified as permitted by the discipline of foreign affairs.

Therefore, it is completely reasonable for Gu Biao to say this to himself in front of the recording.