Chapter 537: Winning the case
The opposing lawyer was dumbfounded. Pen ~ fun ~ pavilion www.biquge.info
He was only brought in to take on the case yesterday, and he didn't know much about it. The client said that the hangers in their store were their own ideas, and there was no patent theft.
He also thought that everything was just a coincidence, but he didn't expect that there were so many pieces of evidence in the client's store that could directly prove that the hanger was a theft of someone else's patent. Not only the hangers, but even the name of the store are suspected of being stolen.
This is also due to the fact that there is no clear legal protection for registered trademarks, otherwise, the other party will have more than one reason to sue.
Wan Hailin frowned, he really didn't know that the clothing store opened by Hu Meier had so many similarities with the other party's clothing store. In this way, I am afraid that they will definitely lose this lawsuit.
Seeing that the other party couldn't say why, Lawyer Jiang turned to the presiding judge and said: "Presiding judge, according to the regulations of China's Patent Law, the defendant cannot provide evidence that the hangers used in the store were independently created by them, and we have the right to believe that the defendant has misappropriated the patent and is suspected of infringement. ”
The presiding judge discussed with the jury, nodded and said, "Agreed." ”
Mr. Jiang said unhurriedly: "According to the regulations on the protection of patented products in China's Patent Law, my client has the right to request the defendant to stop using this patented hanger and compensate my client for the corresponding patent losses. ”
The presiding judge nodded: "Agreed." ”
Fang Hailin said a few words to his lawyer, and the lawyer stood up and said, "I object." Presiding Judge, the hangers in my client's store are not used for profit, but only for internal use, and are not for sale. Therefore, I believe that my client did not cause other economic losses to the plaintiff's patented products, and only needed to remove all the hangers in the store, and did not need to compensate the plaintiff in addition. ”
Mr. Jiang said: "According to the provisions of the Patent Law, the exploitation of the patent without the permission of the patentee is an infringement of the patentee's patent right. The patentee has the right to claim corresponding civil liability compensation against the infringing party, and if the circumstances are serious, it can also pursue its criminal liability. I heard that Mr. Fang is a returned overseas Chinese and has many connections overseas. If Mr. Fang transfers my client's patented products overseas, I am afraid that it will not only have a significant impact on my client, but also on the interests of the country. ”
As soon as these words came out, the presiding judge and the jury's faces became more serious, if there is really such a possibility as the plaintiff said, then this case is not an ordinary civil dispute.
Wan Hailin became excited: "You bloody mouths!" No wonder he couldn't hold his breath, his situation in City A was embarrassing, if he had such a name on his back again, how would he develop in City A in the future?
The presiding judge struck the gavel: "Plaintiff, be quiet!"
Lawyer Jiang said with a smile: "I'm just making an analogy, but I don't rule out this possibility. After all, this patented product of my client has been negotiated by a foreign garment manufacturer, but it was politely rejected by my client. At present, my client is already negotiating cooperation with domestic companies. Now you have produced and used this patented product without authorization, which has seriously damaged the patent right of my client and reduced the uniqueness of this patented hanger. If you provide the production process of this patented hanger to other people or overseas from other channels, then the loss caused to my client is even more incalculable. Therefore, we have the right to claim compensation from you. ”
The plaintiff's argument is valid, and the defendant's objection is invalid. ”
The defense lawyer was helpless and glanced at Wan Hailin with an apologetic expression.
Wan Hailin's face was pale, he didn't expect the other party to be so aggressive for a hanger.
The presiding judge adjourned for half an hour.
Jinxiu smiled and said to Lawyer Jiang: "Lawyer Jiang is so eloquent, it is really admirable. ”
Lawyer Jiang laughed: "This is my profession, and it is the profession I will rely on to survive in the future." Those who do what we do rely on are these three inches of incorruptible tongue. And this case is not difficult in the first place, the evidence is conclusive, and it is useless for the other party to say the flowers. ”
Jinxiu smiled and nodded: "It makes sense to travel all over the world." ”
"That's exactly what it is. ”
While talking and laughing, Jinxiu felt a rather unhappy gaze from the other party's dock. Looking up, I saw Wan Hailin staring at her with a good look, his eyes full of anger, and his face was sinking like water.
Jinxiu looked at him without showing weakness, no matter what his relationship was with Di Mei'er, and no matter whether he or that Mei'er was the person who did it to her clothing store. In short, this Wan Hailin is one of her opponents.
Wan Hailin stared at Jinxiu for a while, and his lawyer had something to say to him, so he looked away.
Jinxiu sneered, did she think that she would be scared like this? Isn't it just a comparison of momentum? She really doesn't eat this set.
After the reopening of the trial, the presiding judge announced the result in court, "Because the defendant Wan Hailin has harmed the legitimate interests of the plaintiff Zhang Jinxiu by stealing the plaintiff Zhang Jinxiu's patented hanger without permission, the situation is true after trial by this court. According to the regulations in China's "Patent Law", the defendant Wan Hailin shall bear civil liability and compensate the plaintiff Zhang Jinxiu for economic losses of 10,000 yuan. If you are not satisfied with this judgment, you may appeal through this court or directly to the High People's Court of Province S within 10 days from the second day of receiving the judgment. ”
After coming out of the courtroom, the reporter invited by Jinxiu asked her a few questions about the patented product, and then walked towards Wan Hailin with a notebook.
"Mr. Wan, why did you steal Ms. Zhang's patent hanger without permission, and what do you think of the outcome of this trial?"
Wan Hailin held back the displeasure in his heart and said: "This theft incident is purely a misunderstanding. It was my negligence that made the people in the store do this kind of thing. Here, I would like to say sorry to Ms. Zhang Jinxiu. ”
Saying that, Wan Hailin walked up to Jinxiu with the lawyer he had invited, and behaved very gracefully: "Boss Zhang, I'm really embarrassed, all this is because my majesty is not strict, so I made this incident." I'm so sorry. I am not unconvinced by the outcome of the trial, and if I do something wrong, I will do something wrong. Regarding the money for compensation, I will pay you as soon as possible. I hope you will forgive me for this unintentional mistake. ”
Jinxiu raised her eyebrows, this Wan Hailin said it well, if it weren't for the fact that she saw his anger clearly in the court, I was afraid that she would think that the man in his sixties in front of him was a gentleman.
He said with a smirk: "Mr. Wan, don't worry, you can think about it again." ”