"In the name of which company do you want to file these lawsuits?"

Faced with this question, Lamond was somewhat incomprehensible.

He said of course: "According to the usual practice, infringement lawsuits are brought by Apple Trading (Hujiang) Co., Ltd. ”

Du Qiuming shook his head helplessly: "I knew that you would mention the convention - but Ma Hesha's behavior did not infringe on the slightest right of Apple Trading (Hujiang) Co., Ltd., so what qualifications does it have as a qualified plaintiff? Ma Hesha destroys the 'computer system' and infringes on the integrity of the computer software and system."

HOWEVER, THE OPERATION OF IOS AND APP-STORE IS NOT WITHIN THE SCOPE OF APPLE TRADING (HUJIANG) CO., LTD., WHICH IS ONLY RESPONSIBLE FOR APPLE'S HARDWARE SALES IN CHINA, AM I RIGHT?"

Lamond finally realized the trouble, and he thought to himself: "However, Apple Greater China itself is only a governing body, not a legal person, and it cannot file a lawsuit, which I also know. SO, CAN YOU GET ITUNES IN LUXEMBOURG TO FILE THIS LAWSUIT?"

Du Qiuming spread his hands helplessly: "THEORETICALLY, LUXEMBOURG ITUNES DOES NOT HAVE ANY BUSINESS IN CHINA, NOR DOES IT BELONG TO ANY BUSINESS IN CHINA, OBVIOUSLY, IT IS NOT QUALIFIED - THEORETICALLY, IT IS NOT CONSIDERED TO HAVE DONE BUSINESS IN CHINA." ”

This truth may be difficult for many officials who do not study the Fa to understand, but if you compare it with another example, you can understand it:

For example, if there is a player who buys a Sony PS4 game console, he buys a machine from the Bank of China, and then backs it up and buys the PSN digital version of the game on the Hong Kong server. If one day he hacks his game console and runs some pirated digital games that are only sold on PSN, and then he is sued for infringement, how can he be sued?

Theoretically, there is no way to sue this. Because Sony Hong Kong Service has no right to sell anything in Chinese mainland, all transactions are people's personal behavior, backing up the national bank plane and swiping Hong Kong Service to buy.

To put it mildly, it's roughly the same as a person smuggling into Xiangjiang to buy things, and then smuggling back to China without paying taxes.

In this case, where does the operating company of HKSC have the right to demand that Chinese law adjudicate and protect its business rights in China?

You are not a qualified subject to do business in China at all. (Of course, if it is a non-business right, it can still be protected)

Lamond felt that the problem was being designed to be more and more intractable and complex.

He rubbed his hands and asked Du Qiming to answer straightforwardly.

"Then you say, what is the way to prosecute this case?"

Du Qiuming raised his eyebrows slightly, and said: "There is a way to let Apple's parent company directly file a lawsuit in China - so, if you want to sue, I need you to give me a power of attorney in the name of Apple's head office."

Apple is the ultimate bearer of all victims, has full authority to operate in China, and is also the owner of all trademarks and brands of Apple. Therefore, the cause of the lawsuit in China will be very sufficient, even if it is finally sued for goodwill infringement. ”

When Du Qiuming said this, the reason was that it was called a head of the Tao. But he clearly had more to think about in his heart.

If he can become Apple's lawyer once, even if it is only this time, this case.

How much will he improve his style in the industry in this life?

At that time, he will be "the lawyer entrusted by Apple", and it will be overwhelming to think about it! No matter what industry seminars in the future, will he not always be regarded as the most authoritative existence?

"Apple, this can't be!" Rammond jumped up like a burning ass, almost trying to kick Du Chuming out,

"Are you dreaming? Let Apple Greater China District, or Apple Trade (Hujiang) come forward and sue a few natural person consumers, this is already very face-saving for them!

Even if they lose in the end, they will be able to use this case to win major social attention and gain countless exposures and topics! Don't think that Apple Trading (Hujiang) is a small company, it is already a large company worth tens of billions of dollars! If you let Apple's parent company come forward, how many people will follow the trend and make trouble in the future? Won't Apple become a vegetable market? That gentleman will not agree!"

Du Qiuming had a "sympathetic" expression on his face, and first humbly accepted the facts described by Rammond.

However, he did not back down substantially.

There was no promise.

A top lawyer would never tell a client "you can't do this".

If there are some things that can't be done, then why do you need a top lawyer to do it?

A top lawyer will always tell his client that if you change the applicable law and take a different path, then you can still do it. But how and what other costs do you have to pay......

There is no road, and the road of creation must also be followed, and this is the top lawyer.

Du Qiuming said calmly: "If you insist, of course, there are other ways - I will give you a solution: first, transfer all the trademark rights registered by Apple in China, and even other transferable goodwill-like rights, to Apple Trading (Hujiang), a subsidiary." Then, immediately go to the industrial and commercial departments and other departments to expand the business authority of Apple Trade (Hujiang) in China, and it is really impossible to urgently prepare a bunch of licenses and complementary partners...... And then it's pretty much it. ”

At first, when he heard that there was another plan, Rammond's mood really relaxed. It's a pity that listening to Du Qiuming talk more and more, and the more he speaks, the more he speaks, his mood sank again.

"How much time and other costs will it cost to do this, and can you guarantee that once you do this, everything will be done?" Ramond's voice trembled slightly.

He seems to need Du Qiuming to encourage him with a guaranteed ticket.

However, Du Chuming gave him a cruel blow:

"It's hard to say, if that Feng Jianxiong is stupid enough, that's it. If he was as smart as me and knew everything, he would empathize. Then, in the process of obtaining these rights by Apple Trade (Hujiang), he can ask Ma Hesha to stop infringing, delete all Weibo that shows infringement, and stop fighting.

When I file a lawsuit for you, he can apply for dismissal of the lawsuit on the grounds that 'even if the possible infringement occurred, it did not occur during the period when Apple Trading (Hujiang) had the rights', and then applied for dismissal of the lawsuit on the grounds that the subject of the lawsuit is not qualified. So, you still have to bet, bet on what I thought of, Feng Jianxiong couldn't think of it. ”

This is obviously a very dangerous bet.

Ramon thought about it again and again, and gave up.

In other words, he decided to listen to the situation on Huaxia's side and let it be decided from above.

"I'll ask the U.S. side again. As Rammond spoke, his voice was dry, as if his vocal cords were sticky.

Du Qiuming showed a sympathetic expression, but he secretly calculated in his heart: Hmph, brother never needs to tell the customer "this can't be done", it is always the customer who finds that the alternative solution is more costly, and then takes the initiative to choose the path I gave at the beginning.

You can't blame my brother for this.

……

No one knows what happened on the other side of the ocean in the next few days, nor does they know why this kind of nonsense, but no one wants to take responsibility for decision-making, ended up being caught in the ears of the tyrant Steve Jobs himself one day.

Anyway, after some games, the decision from across the ocean is: there is no problem with authorization, and let Apple's head office be the subject of the lawsuit.

It's good to be quick and fast!

When Du Qiuming got all the required commission materials, he almost jumped up with excitement.

After twenty or thirty years in the intellectual property legal profession in Sijiucheng, I finally received a commission from one of the world's top 10 companies of Apple's level!

The highest moment of his life has finally come!

Although the content of the lawsuit is only a small lawsuit that is guaranteed to win, accusing the other party of sabotage of computer information systems and other infringements.

Many years later, when he remembered this moment with remorse, he realized that he didn't realize at the time that he had actually become a character who helped Feng Jianxiong's super AOE output magic to attract monsters.

It's like a warrior scarred and scarred in the atrium of the blood-colored monastery (with milk riding next to her).

Then, a mage with a full arcane explosive talent suddenly came out of the grass, and a bunch of instantaneous arcane explosions cleared the ground.

It's a pity that this monster-attracting warrior and the mage who cleared the field are not on the same team (well, although this is unlikely to happen in O). The warrior's original intention was only to hope that the mage would be torn to pieces by the ghouls.

Less nonsense.

Just a week later, after making preliminary preparations, Du Qiuming took his team and went to Jinling in person to submit an indictment.

The relevant case-filing staff of the Civil Division of the Jinling Intermediate People's Court, when they saw the proud apple on the power of attorney, almost immediately attached great importance to it, and took out the efficiency of doing things for the foreign people, and everything was urgent.

However, no matter how solemn Du Qiuming is, how attentive the court is. Ma Hesha, or Feng Jianxiong behind him, didn't seem to pay much attention to this matter.

In accordance with Article 113 of the Code of Civil Procedure. After receiving the complaint and deciding to file the case, the court shall serve a copy of the complaint on the defendant within 5 days, and the defendant shall issue a reply within 15 days from the date of receipt.

Of course, the law does not stipulate the consequences of the defendant's failure to file a reply. It is only said that the defendant's failure to submit a reply to the lawsuit does not affect the court's trial.

That is to say, in judicial practice, if the defendant does not care, ignores and does nothing, the court has to wait for 15 days before arranging the first hearing and notifying both parties.

Because it was for the foreign people, the 5 days that were originally legally given to the court took only 1 day - it is said that even SF Express did not dare to use it for fear of delay. Instead, he asked two staff members to drive to Xianlin University Town in person, find the campus of Jinling Normal University, and then inquire about Ma Hesha's movements, personally wait for her to get out of class, block people at the door of the classroom, and hand over a copy of the complaint to the sister and ask her to sign it.

They also orally advised Ma and Sha to defend themselves as soon as possible.

This service attitude is really good.

Unfortunately, Ma and Yarn did not intend to file a reply.

She glanced at it casually and threw it away.

Let the other party wait 15 days.