Chapter 152: Qin Zhenwei's Strategy (2/3)

After that conversation in the legal department of Universal Games.

The next day, a well-drafted indictment was sent to the Handong New District People's Court in Hanhai City.

The plaintiff is Duole Games Co., Ltd., and the respondent is Wanyou Games Co., Ltd.

The cause of action of the lawsuit is that Wanyou Games infringed the intellectual property rights of Tole Games, including game mechanics such as gangs and sects, place names such as Shaolin Wudang, and special terms such as Xiangyang City and the Ryukyu Islands......

The plaintiff's demands were: 1) Wanyou Games to stop infringing intellectual property rights, and 2) to demand compensation for the losses incurred by Tole Games during the infringement period.

The specific content of this indictment is basically the same as that in the conversation with the Ministry of Justice, and it is also consistent with the indictment of Luoyi inferred by Qin Zhenwei.

Including the indictment and the plaintiff Fang Duole Games, Qin Zhenwei handled it single-handedly, with the purpose of causing disputes over the jurisdiction of the case.

Luoyi Company's lawsuit against Universal Games is based on Article 21 of Chapter 2 of the Civil Procedure Law: a lawsuit filed for infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled.

The place where the infringement occurred, including "the place where the infringement was committed" and "the place where the result of the infringement occurred".

Luoyi used the reason of "the place where the infringement result occurred" to file a lawsuit in the Tianhe District People's Court of Huacheng City.

Qin Zhenwei pointed out that according to the Supreme People's Court's interpretation of the Civil Procedure Law, the place where the infringement of information network is committed includes the location of the computer and other information equipment that carried out the alleged infringement.

The operating computer room and the rented IDC of Wanyou Games and Ideal World are all located in Hanhai City, so as the "place where the infringement is committed", Wanyou Games can be sued in the court of Hanhai City.

In judicial practice, if the same defendant has jurisdiction in two or more people's courts at the same level, and there is a dispute between the two parties over jurisdiction, it should be resolved through negotiation between the two parties.

The People's Court of Handong New District and the People's Court of Tianhe District are at the same level, and they both have jurisdiction over the infringement case of Universal Games.

This is Qin Zhenwei's strategy.

……

After the Handong New District Court accepted the case, Ren Pingsheng's hanging heart let go of half of it, but he still had the other half that he didn't let go.

Qin Zhenwei is a very cautious person, and while he implements the strategy of "jurisdictional disputes", he is also very frank and honest with his boss.

Although according to the usual understanding, the Handong New District Court will take more care of the enterprises in its own jurisdiction, but Luoyi is a large company after all, and it is difficult to say whether the Handong New District Court will fight with the Tianhe District Court for the sake of Wanyou Game.

Since Tianhe District and Handong New Area belong to different provinces and municipalities directly under the central government, if the two parties cannot reach an agreement on the jurisdiction dispute, the Supreme People's Court can only designate jurisdiction over the case.

In Qin Zhenwei's words, it is best for this case to be adjudicated in the Handong New District Court, and it will be difficult to handle it if it is brought to the Supreme Court.

Qin Zhenwei also unabashedly confessed:

Although Junheng Law Firm has a certain foundation in the judicial circles of Hanhai City, it has limited influence on the Handong New District Court, and it has reached the limit of the law firm's and Qin Zhenwei's ability to enable the Handong New District Court to quickly accept this case.

If you want the Handong New District Court to fight for jurisdiction for the sake of universal games, I am afraid that other parties will need to influence it.

For Qin Zhenwei's confession, Ren Pingsheng fully understood.

Qin Zhenwei's meaning is very clear, and the current strategy adopted by Universal Games can only throw out the jurisdictional dispute and try to delay the case for a period of time.

However, the final designation of jurisdiction can only depend on the efforts of the Handong New District Court, or the Supreme People's Court.

The Supreme Court is too far away and unrealistic for Ren Pingsheng, and the Handong New District Court is his only possible direction.

In order to influence the decision of the Handong New District Court, it is not enough to rely on the identity of Wanyou Games as a local enterprise, and some off-the-market moves must be adopted.

……

Due to his experience in the agency for so many years in his previous life, Ren Pingsheng still has a good understanding of these off-board moves.

At present, the practice of separating the main file from the secondary file has long been adopted in the litigation files of domestic courts. The main file contains a portion of the litigation materials formed during the trial, and these documents can be consulted, copied, or copied by the parties, lawyers, or defenders.

However, the supplementary file mainly includes internal correspondence and litigation materials such as the court's and collegial panel's discussion and deliberation records, case internal requests for instructions, and instructions, which are only for the court's internal use and are characterized as "secrets" in trial work, and adjudicators must not disclose them to the outside world.

As far as ordinary people are concerned, they are usually unaware of the existence of this "supplementary file", and the judicial organs cannot disclose the contents of this "supplementary file" to the outside world, otherwise they will bear criminal responsibility.

However, it is often the content of this "supplementary file" that can affect the direction of the trial of the entire case file.

Ren Pingsheng's off-the-board move is to start with the people who have the ability to exert influence on the "sub-volume" to escort his case.

Who has the ability to help him, and who has the possibility to help him, Ren Pingsheng fell into thought.

Since his rebirth, Ren Pingsheng has encountered many difficulties in his life, but he has never felt helpless like this time.

Although the introduction of generic drugs is difficult, and the process of transportation is thrilling, Ren Pingsheng still used his wisdom to overcome the difficulties;

Although the establishment of Universal Games was full of twists and turns, although there were many bigwigs who had to persuade and negotiate, Ren Pingsheng still achieved his goal with his eloquence;

Although the development and operation of "Ideal World" is not easy, and it is a new field to face, Ren Pingsheng still relied on the information accumulated in his previous life to promote the launch of the game.

All this is not easy, but it is all within the scope of Ren Pingsheng's ability, because these are all games in the open market, except for the struggle between generic drugs and Puxian system, other fields are carried out in accordance with laws and regulations, in line with the laws of the market economy, and in accordance with the principle of free competition.

But when it comes to the judicial department and the jurisdiction of a case, this is not something that Ren Pingsheng's personal ability can do.

Although Wanyou Games is currently valued at hundreds of millions, it is a golden doll in the eyes of the game industry and venture capital.

But these identities in the capital market are not worth a glimpse of when they are put into public units.

In government agencies, people look at your level and your political influence.

No matter how much money you have in your life, no matter how high the valuation of Wanyou Game is, in the eyes of the authorities, it is not a fart.

Not to mention the department-level Handong New District Court, even if it is a section-level industrial and commercial administrative law enforcement personnel, all games must be respectfully entertained to each other, because the gap between the two sides in administrative power is too great.

You say, what does the current Ren Pingsheng do to influence the Handong New District Court?

He didn't, he could only rely on the strength of others.