Chapter 31: The Invisible Legislator

Specifically, how to make a trademark meet the examination standards of "national fame" by "self-directing and self-acting, fighting left and right", there are naturally many legal details in it.

It is impossible for Feng Jianxiong to spend too much time to explain these operational things clearly to his sister or Zhou Tianyin.

With his temper, at most, he is a cheap labor force at the direct execution level of Nick Silk, and he is taking a step by step.

So, that night, in the face of the young ladies' question "what do you want to do", Feng Jianxiong just said a few words concisely:

"My method is to put it bluntly: the current national trademark recognition system, in fact, there are two sets, one is to take the administrative examination and approval route, then only rely on the State Administration for Industry and Commerce to approve, it takes many years to meet many complex indicators to meet.

The other is based on the [Fa Shi (2002) No. 32] "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" and even a supplementary provision issued in 05 years later, taking the path of "judicial determination" - in this way, it is much easier to find some courts than to find the State Administration for Industry and Commerce.

Moreover, the indicative requirements of 'judicial determination' are much less rigid than that of 'administrative determination', and you can roughly get things done by 'pretending that someone is counterfeiting your product in almost all provinces in the country, and then suing the other party for infringement and winning the lawsuit', and I won't say much about the details. ”

The routine Feng Jianxiong said, in fact, has been used by some people in China by chance.

In the 06 years of the market, there are currently forty or fifty trademarks every year across the country, because they have been counterfeited a lot, and they have been counterfeited a lot, and finally they are recognized as well-known in the judgment of the infringement case, so this trick cannot be regarded as absolutely original.

However, from 02 to 05 years, the vast majority of those well-known trademarks that have been successfully recognized by the judiciary are famous brands that are "really being counterfeited by countless people" - almost no one thought of going to the same as Feng Jianxiong to "counterfeit and counterfeit, and no one will counterfeit and create counterfeits".

The reason for this is not that Feng Jianxiong is really smarter than all intellectual property lawyers in the country, but because the judicial interpretation of the Supreme People's Court in 02 left a relatively loose scale of "discretion" for the presiding court, so many lawyers are not sure "to what extent can the fraud be recognized as well-known and successful", and it is difficult to charge people for packing tickets, let alone risk representation - because the cost of counterfeiting is uncertain.

After the judicial interpretation came out in 02, it took three years for the Supreme People's Court to gradually gain practical experience, and then added a lot of detailed measures to the supplementary provisions in 05. For example, the details of "how many provinces in the country and how many foreign countries must be counterfeited before they can be recognized as famous" are all in place, and then the major keen top law firms begin to calculate the cost of counterfeiting by numbers in order to quote clients.

At the moment of 06, this business is in high demand and few people have figured it out.

In the original history, this kind of trick did not gradually increase until 07 and 08, and developed to the point that even not the top lawyers mastered this way of making money, and then ate ugly and mixed things.

In 08, the number of well-known trademarks recognized by the state has also increased rapidly from "dozens per year" in the era when only the State Administration for Industry and Commerce could be independently administratively recognized to "more than 200 per year" in the era of "administrative and judicial dual-track right to identify".

In other words, the number of new names added every year is five times higher than in the past, and this thing is gradually at risk of depreciation.

Finally, under the strong protest and intervention of the State Administration for Industry and Commerce, and after a game between the industrial and commercial administration and the judicial organs, in 2009, the Supreme People's Court finally could not resist the pressure and compromised, and issued a document [Fa Shi (2009) No. 3] - that is, the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Involving the Protection of Well-known Trademarks.

As soon as this judicial interpretation was issued, it was regarded as covering several prior interpretations that gradually expanded its powers from 02 to 05, and limited the legal effect of "judicial recognition of well-known" to the level of "only the effect of individual cases, which cannot be traced back and cannot be invoked in the future".

Since then, domestic intellectual property agency firms and law firms have cut off the financial path of "self-directed and self-acting to help clients operate well-known", and the gold content of "well-known trademarks" has gradually recovered after 09 years.

Now, Feng Jianxiong is obviously ready to drink a good meal.

At the same time, if the model of "judicial fame" is caused by his butterfly effect, then perhaps the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Dispute Cases Involving the Protection of Well-known Trademarks may also be promulgated in advance - at that time, the font number in front of it will not be [Fa Shi (2009) No. 3].

It may be [Legal Interpretation (2008) XX], or even [Legal Interpretation (2007) XX].

It is just like Feng Jianxiong's exposure of the mode of "prior art disguised as a patent for porcelain touching" not long ago, forcing the State Intellectual Property Office to revise the "Patent Examination Guidelines" in advance.

From this point of view, Feng Jianxiong took advantage of this loophole in advance to make money, and the side was also whipping the accelerated improvement of the national legislative system, which is really a great merit.

……

Feng Jianxiong didn't say the twists and turns in the back, and the young ladies didn't know it for the time being.

Zhou Tianyin and Feng Yiji racked their brains with their respective social experiences, and only got a little bit of Feng Jianxiong's essence: "Listening to your thinking, it seems that the main core competitiveness is to change a thing that 'originally had to find a very high-level administrative department to approve it' to 'as long as you find a relatively low-level yamen can also approve it' - is that so?"

Feng Jianxiong was stunned for a moment, and felt that as two laymen, it was not bad to be able to summarize it like this, so he happily affirmed: "That's pretty much it." ”

Zhou Tianyin sighed: "I didn't expect that just by lowering the level of administrative approval, I could get so many benefits." ”

Feng Jianxiong smiled: "Isn't this the ability! How can you underestimate this kind of operation." A truly reliable barrister is one who not only gets things done, but also knows how to get things done with the least amount of resources.

Even if two lawyers can also get things done, one asks for the favor of the minister, and the other only asks for the favor of the director. The lawyer who asks the director to succeed will naturally have a high level of qualification and industry status.

Not to mention, but also to say that at the turn of the century, lawyer Liu, who operated the NASDAQ listing and foreign venture capital for the 'top three Internet giants' - well, last year's Baidu NASDAQ listing was actually entrusted to him.

How did he become famous for the first time? Wasn'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.

And by helping Morgan Stanley to make a bureau and funds to cross the bridge, he lowered the level of administrative approval, and as long as the Shenzhen municipal government approved it, he was allowed to invest. His competitor was stunned and asked Goldman Sachs to go to the Ministry of Commerce and the State Administration of Foreign Exchange for approval in accordance with the provisions of the national law.

For the same thing, it was originally to be approved by the two ministries and commissions of the state, and after the approval of a layer of skin, the local municipal government can approve it, and the difficulty naturally drops sharply. If you do this kind of thing once or twice, you can brush up enough in the legal world for Sina, Sohu, Huang Yi, and Baidu to hire him on the issue of introducing foreign venture capital.

It can be seen how much this kind of "creating a new legal model, so that what the original legal terms clearly stipulate to be approved by the high-level yamen can be approved by the low-level yamen", has helped the reputation of the lawyer - and what I am going to do today is also of this nature!

I just want to teach entrepreneurs all over China to be people, so that they know that in the future, as long as they find me Feng, they don't need to go through the State Administration for Industry and Commerce to make a well-known trademark, as long as they go through the local courts of various provinces!"

The outside looks lively, and the inside looks at the doorway.

Originally, if Feng Jianxiong didn't explain the last anecdotal joke as a comparison, his sister and Zhou Tianyin still couldn't realize how great what Feng Jianxiong was about to do.

But after being analyzed and compared like this, Zhou Tianyin suddenly felt that Feng Jianxiong's height had risen several levels.

It turns out that such a small innovation can be compared in nature with "those top barristers who operate the NASDAQ IPO business of Sina Sohu, Huangyi, and Baidu"!

As for whether Feng Jianxiong habitually put gold on his face, or even just lied and didn't make drafts, they didn't think much about it at all.

After all, he was born with this kind of eloquence for talking about the dead, and if he brags properly, there is no trace of PS.

This kind of eloquence is used to deceive the worship of girls, which is simply overkill, and it is easy not to want it.

……

Zhou Tianyin chatted late that day and stayed at Feng's house all night - anyway, it was summer vacation, and it didn't matter if he stayed up late.

The next day, Feng Yiji went to work in an accounting firm, and Zhou Tianyin was embarrassed to be a light bulb, so he went back to his house.

The day before she went out, she was going to go through the mortgage loan procedures, but after returning home, Zhou's mother Murong Ping naturally wanted to care about her daughter and ask how things were going.

However, the knowing daughter Mo Ruomu.

Murong Ping suddenly found that Zhou Tianyin had an inexplicable sense of reluctance, which was somewhat similar to the blind worship of silly music when an ignorant girl chased stars when she was a child - of course, as she grew older, the actual form of expression must be more restrained.

"What's the matter? Have you taken out all the loans?

"No, it's all done. Zhou Tianyin smiled shyly and answered his mother's question.

Later, I don't know what happened, and the ghost envoy added a sentence of emotion with a straight voice: "Alas, Shibei should be impressed for three days, it has always been Yiji who envied me, but now it is my turn to envy her." ”

Murong Ping knew that her daughter had always been above the top, so she secretly wondered: "What's the matter?

"Mom, am I that kind of stingy person?" Zhou Tianyin didn't hide it, and said casually, "I didn't expect Yiji to have such a talented younger brother, it's really ...... It's just ...... What you don't understand is not only a matter of money, but also the fact that other people's pursuits are too big, and they basically want to promote the process of revising the Fa. ”

Zhou Tianyin said while sighing a little.

She has been very respectful of her father since she was a child.

In the Zhou family, although Zhou Tianming's income over the years is not as good as that of Murong Ping - in terms of the court, if he does not dare to arbitrarily adjudicate, although he still cannot guarantee integrity, he can only collect the kind of hush money that follows the crowd.

On the side of the tax bureau, even if it 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 seventy or eighty percent of the family's current property was saved by Murong Ping, who had a relatively low official rank, and she often lost her husband's money for this.

But in Zhou Tianyin's mind, his father is engaged in serious and big things. Over the years, she has been well aware of how difficult and significant it is for front-line adjudicators in the judicial system to summarize and give feedback on the practical problems encountered in the trial, report them layer by layer, and finally request instructions to the Supreme People's Court, and promote a judicial interpretation or modification (the judicial interpretations issued by the Supreme People's Court are actually derived from the replies to the requests of the provincial high courts)

So now, seeing Feng Jianxiong tidying up the legal loopholes, it is as easy as "talking and laughing and disappearing", and her shock is not ordinary.

So much so that in front of his family, he forgot to be reserved and disguised, Murong Ping asked while asking, and Zhou Tianyin roughly briefly talked about what she had seen and heard in the past two days, and Feng Jianxiong's awesomeness—she couldn't exaggerate it.

When Murong Ping heard that Feng Jianxiong was said to be so capable, she couldn't help but smell a hint of the girl's thoughts, she was secretly frightened, and asked with a tentative smile:

"What? Xiaoyin, are you taking a fancy to other people's little boys? That's nothing, anyway, you're going to graduate school, and you're afraid of falling in love and delaying your studies? With your friendship with Xiao Feng, she is willing to help you match it, this matter is not easy...... I think that if that kid is really as good as you say, even if his family background is a little worse, it won't be an insult to the lintel of our Zhou family......"

Zhou Tianyin woke up from the self-enclosed immersion, and when he heard his mother say that he was unbearable, his face suddenly turned red: "What are you talking about? I just hate myself for not being motivated! How can I think about it over there! This kind of child, who is three years younger than me, how can he succeed? Besides, he just had a girlfriend. ”

Murong Ping listened to it and knew that her daughter was still willing, but she was afraid of being embarrassed. She didn't bother to expose it again, but she just knocked on the side and asked Zhou Tianyin a little face: Feng Jianxiong's girlfriend, is it another ponytail girl she met when she looked at the house on the first day?

Zhou Tianyin gave an affirmative answer and gave a general explanation of Nickole's situation.

Hearing that Shi Nicole was born in a poor family and lost her father, Murong Ping suddenly didn't feel that it was a threat in her heart:

"Hmph, if our Xiaoyin really wants to, hook his fingers, won't he snatch that Feng Jianxiong over?

However, the issue of age is really troublesome. Men's kind of dead goods, they all like tender, Xiaoyin is 3 years older than the other party, this hard injury is difficult to overcome, and can only be made up by other conditions. ”