296 [difficult] 4 more
On the side of the road at Adidas' company gate, there are two rows of large and small interview cars.
In this matter, the local leaders in Suzhou don't know how many times they have mediated, and even the senior bosses in Jiangsu have also greeted this company and said that you should not make trouble.
But Adidas is an authentic wholly foreign-owned enterprise, and when it settled in Suzhou Industrial Park, it was still taken out by the big guys above as a typical template for the introduction of foreign capital, and it was taken out with relish, and it can be bragged about for a lifetime.
So, they're really awesome, and they're definitely not blown out.
And it is also the kind of thinking that foreigners do business, and when they encounter anything that affects the interests of Adidas, they have to go to court, such as Adidas Wang, Sao Bar, Puma, and even Tesla, all of them went to court and won the lawsuit.
This time, it was the people from the Adidas headquarters who came to take charge, and Huaxia Company was not qualified to object, so it could only follow the order to sue.
On October 24, the Shanghai Intermediate Court received Adidas and his party.
The court is on official business, and the case filing division accepts the trial, obtains the materials, and sends the "Notice of Acceptance of the Case".
There was almost no time at all, and the lawyer team handed in all the evidence materials.
The president of the case filing division was still very polite, and asked officially: "Does the party need pre-trial evidence preservation?"
The lawyer team was very sure: "Yes!"
The President smiled and called for an application form.
The members of the lawyers' team were dumbfounded.
"Evidence preservation" refers to preventing the loss or damage of evidence caused by natural or man-made causes, and taking necessary measures to conditionally protect the evidence.
But it is very difficult to execute.
For example, Zhang San ate steamed buns in the morning, vomited and diarrhea in the middle of the night, said that he had food poisoning, and sued the steamed bun shop.
How to get pre-trial evidence preservation?
Do you want to keep all the steamed buns that were sold out in the morning? They have already been sold out, and even if they haven't finished eating, they don't know who bought them, so how can they find evidence?
Similarly, for the TPU shoes sold by X-Sports, Adidas claims that it violates patent law and has intellectual property disputes.
Evidence preservation requires the time when the popcorn shoes were manufactured, a report from a court-approved quality inspection agency, and proof of sale from the X-Sports online store.
None of these, Adidas has.
There is only one quality inspection report sent from Germany, and the head of the family does not approve it at all: "Please get the quality inspection report of the Shanghai Quality Inspection Bureau, or the unit on this form, we will approve it." ”
got another ranking list, and the lawyer team was blackfaced.
All of them are units in Shanghai, and none of them are easy to mess with, and it is estimated that when they see them, they are all eyeing them.
People don't need to bird Adidas at all, even if the product is sent for inspection, not to mention the high testing fee, some things can't be detected, such as the production time - sneakers are not spoiled food, who knows what day the production time is?
Since you can't find out the exact time of production of this evidence, how can you sue X-Sports for infringing production during the patent protection period?
Do you want to ask X-Sports to see if Yang Lei will slap him!
Litigation is about evidence.
The court requires that the materials submitted must be in accordance with the regulations, and nothing less will be done.
Adidas can't provide it, so there's no way, why should the court help you preserve the evidence?
Well, no evidence preservation.
Next, the president asked, "Are you sure that all the evidence has been submitted?"
"Sure. ”
"Good. ”
The president beckoned and motioned to the people below: "Go and inform the defendants and ask them to come and present evidence." ”
Seeing the court staff walk away, the Adidas lawyer group looked at each other.
What does this mean?
How can there be such a case filing court operation?
How does it feel like everyone is ready, digging the pit, sprinkling nails, sand and gravel on the edge of the pit, bulldozers are starting, just waiting for them to jump into the pit, and then bury them all in 30 seconds?
"Calm down, this is the Chinese system. ”
"Local protectionism, just get used to it. ”
"We're pretty much the same in Suzhou Intermediate Court. ”
A few people quietly reminded them below, so that the foreign lawyer would not make a fuss.
The President asked, "Is mediation necessary?"
The lawyer group discussed, and the person in charge nodded: "Yes." ”
The president said: "Then you can come again tomorrow to mediate in Hall 1, where about 300 media and reporters will come and observe." ”
The lawyer was stunned again and asked in a low voice: "Haven't you heard of out-of-court mediation and media attendance?"
The president explained solemnly: "This case is quite special, the Supreme Court is also very concerned, the national public opinion is very loud, and the pressure on our shoulders is also very great, so please understand and cooperate." ”
"SPC ......"
The team of lawyers really has nothing to say and can only give up mediation.
More than 300 media came to listen, and they even privately mediated a fart, and every word and word they said would be disclosed by these unscrupulous media people, and then the meaning would be misinterpreted.
It's better to go straight to court and give a death sentence as soon as possible, yes, give the plaintiff a death sentence, and quickly admit defeat.
"Isn't it right to give up mediation?"
"Yes. ”
A smile appeared on the corner of the president's mouth: "Okay, come, sign, the plaintiff voluntarily gave up out-of-court mediation, and signed and pressed his fingerprint." ”
I fell!
The lawyer almost threw the pen away, how can there be such a link?
was embarrassed in the case filing court, ridiculed and ridiculed, and ate a belly of fire, and as soon as the lawyer team left the courthouse, they were blocked by the reporters who were suppressed by the black.
There are really hundreds of them......
The lawyers' team refused to answer reporters' questions, and everyone desperately pushed away the reporters, squeezed into the car, and prepared to forcibly leave.
Didi!
Two motorcycle police cars drove on, a police car drove in, followed by Toyota Coaster and black Audi A6L in the middle, the convoy drove in, and the reporters immediately changed direction, but they did not dare to rush into the court cordon.
This convoy is really majestic, what big man is coming?
Before the members of the lawyers' group left, they were looking behind them in the car.
I saw that the Audi A6L should have come out of the officials, and there were many scholars on the Coaster.
There is also a young man, handsome and unspeakable, and the entire solemn court has become full of humanity and warmth because of his bright smile.
"Mr. Yang!"
The shouts of reporters outside could be faintly heard in the car, and the people in the lawyer group were shocked, did Yang Lei come in person?
I saw Yang Lei smiling and waving his hand here, turning around and following into the court.
The defendants, which are jointly composed of Fudan University and X-Sports, also have to submit evidence to the court.
"Oh, Principal Li, rare guest!"
"President Zhang, thank you for your hard work. ”
"It's not hard, it's our job!"
President Zhang greeted him personally and shook hands with Vice President Li Weidong.
Then, seeing a gray-haired old man, President Zhang's waist bent lower, and his attitude was even more humble: "Teacher, why are you here?"
The gray-haired old professor straightened his waist and looked serious: "I'm retired, can't I walk around and take a look?"
"Okay, okay, please!"
Welcoming the old professor in, President Zhang saw another acquaintance: "Lao Wang, do you want such a big formation? So many people have come to check my work?"
Professor Wang from Fudan Law School smiled and said, "Lao Zhang, we don't dare to check your work, but we are worried that a certain comrade will not be able to withstand the pressure and make a biased judgment, so let's come over to support him." ”
A group of people were laughing, and President Zhang smiled: "You just name me and say that I'm okay, you don't want to think about it, how can I make a biased judgment?"
"Huh?"
A group of people looked at him, and President Zhang immediately became serious: "I will definitely be impartial and protect the original intention of the law!"
"Hmm. ”
The crowd snorted again.
The essence of Chinese culture is vividly embodied at this moment.
It's as if he didn't say anything, and it seems to mean the same thing, and it's all nonsense.
But the meaning, both sides understand.
Yang Lei came in last, and President Zhang held his hand: "Little junior brother, you are finally here." ”
Yang Lei was shocked: "Senior brother, to be honest, I don't want to go to court in my life!"
A room full of people laughed.
Who wants to go to court and play with nothing, become a plaintiff, explain that their interests are encroached upon by others, and become a defendant, that is a bunch of troubles on their own.
After arranging the teachers, leaders, classmates and friends, and a bunch of relationships, President Zhang received the evidence submitted by the defense.
Standard procedures still have to be followed, and the law must be impartial.
But the law is also flexible, for example, in economic cases, how to judge 3-7 years, or what the judge says, right?
A crowd of people roared in, presented evidence, and roared away.
This is only the first step.
Soon, Adidas Huaxia Branch and X-Sports respectively received a "summons to open the court" and agreed to hold the court in a week.
There is nothing to say, after the news spread, almost all the country knew about it.
On the Internet, everyone is talking about it.
The pressure on the shoulders of the Shanghai Intermediate Court is really great, not only from within the system, but also from the outside media, public opinion, propaganda and other aspects.
There is a practice of litigation in Huaxia, which is called Huaxia-style mediation.
To put it more simply, it is related to the daily life of ordinary people, driving was hit by an electric car, the car drove normally, the electric car drove illegally, and the electric car person was injured.
Almost all law enforcement officers will let the car pay more or less a little bit during mediation, take responsibility, or even bear full responsibility, because the car has bought full insurance, and if it is fully responsible, it can be fully accompanied by insurance.
In many cases, the means of resolving disputes is "merging mud", which is the mediation style with Chinese characteristics.
Therefore, the core problem of this lawsuit is here, no one dares to merge with the mud, either win or lose.
However, if X-Sports loses, the Chinese national enterprises are likely to suffer a major blow, and they will fall into the fallacy that whoever has the most money will win the lawsuit.
And if X-Sports wants to win, it is not easy, and BASF's patented technology is there.
This is a fateful catastrophe for X-Sports, and whether it can survive it depends on how many vitality bullets there are.
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