Vieving was energetic, she took out a red-headed document from her small bag, put it on the coffee table, and pushed it in front of Gu Cheng. Pen × fun × Pavilion www. ｂｉｑｕｇｅ。 ｉｎｆｏ

Gu Cheng glanced at the title: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases", Fa Shi (2002) No. 32.

The date of the payment was October 12, 2002, and it was announced by the Supreme People's Court that it would come into force on October 16, 2002.

Gu Cheng counted the days, it has been more than ten months since the promulgation of this judicial interpretation, and it is not the latest frontier of the legal world. But given the complexity of the issues to be adjusted, now should be a good time to take advantage of the loopholes.

When a lawyer talks to a client, he naturally can't speak French with his mouth, which is the only thing that a young lawyer can do. Well-known barristers need to be as concise as possible and show the legal basis.

Therefore, after Gu Cheng scanned the document for a while, Fei Wenqing outlined the document and directly detached herself from the document to grasp the key points.

"The legal interpretation in October last year is useful for the problems we are facing today: it provides people in the business community with a way to recognize 'well-known trademarks' through the administrative recognition of 'well-known trademarks' by the State Administration for Industry and Commerce, that is, judicial recognition of well-known trademarks through the judgment of the court system. Generally, the final review of the high court of each province can be filed with the Supreme People's Court.

The biggest advantage of this approach is that it can bypass the hard life requirements of brand operation, as long as the hard indicators of brand sales, market coverage, regional influence, and no quality accidents are reached, and then meet some elastic 'there are many counterfeits in the field in all directions', it is very likely to be taken down......"

Gu Cheng pinched his fingers in the judicial interpretation document, twitched slightly, and his heart suddenly brightened.

"So, do you want Liu Hui's marketing layout to be matched with your plan and continue to grow bigger?"

"That's what it means." Vivien Qingchengzhu affirmed in her chest.

"How sure are you and how much does it cost?"

"Probably...... One or two hundred million. Vivien Qing considered a number, and then seemed to be afraid that Gu Cheng would be too expensive, so she analyzed the cost for him without any traces.

"Don't be too much, people want to find the State Administration for Industry and Commerce for identification, and they will have to pay more than 1 million operating costs. What's more, you have to do a big game, in addition to selling MP3, other network products and various channels must prove that someone is trying to impersonate you. The actual infringing sales of the counterfeit unit must also have evidence, which must be invoiced. If there are not enough people imitating you on the market, and you rely on the left and right fighting techniques to make a game, the benefits earned by the tax bureau alone will be tens of millions. ”

According to the formal approach of the State Administration for Industry and Commerce, although the law and government documents do not clearly state that "the recognition of a well-known trademark must first be recognized as a provincial-level famous trademark", in the actual operation of the unspoken rules, the recognition of industrial and commercial bureaus at all levels is actually a pre-requisite for well-known.

If you take the ordinary road, a trademark is registered, no matter how good the benefits are and how big the impact is, you must first get the famous name in the district and county industrial and commercial bureau in the first year, and then go to the prefecture-level city and provincial level...... Year after year, and finally to fame, each level also has a hard bar of service life, basically 10 years to win the fame is already hand and eye.

Moreover, for the sake of political performance, the industrial and commercial departments at all levels will also return some bonuses for the enterprises in their jurisdictions to obtain the famous trademarks issued by the superior leading departments, so as to encourage the enterprises in their jurisdictions to compete upward.

Popular example: For example, if an enterprise under the jurisdiction of Xiaoshan goes to Qiantang City and gets a famous trademark, the District Industrial and Commercial Bureau will reward the enterprise with a bonus of 20,000 or 30,000 yuan. Then, once the enterprise gets the famous trademark of Wuyue Province, the Qiantang Municipal Bureau of Industry and Commerce will reward the enterprise with 100,000 yuan. Once you go to the State Administration for Industry and Commerce to get a national reputation, the Wuyue Provincial Bureau of Industry and Commerce will reward the enterprise with another 1 million.

Because the performance bonus of the industrial and commercial system is there, resulting in the high agency fee of the famous/well-known broker, many enterprises are feeling: if you are famous, the Provincial Administration for Industry and Commerce will award me 1 million, and the enterprise itself can also start the brand, and it can also help the leaders of the Provincial Administration for Industry and Commerce to make political achievements. Such a good thing, as long as the legal fee of public relations is less than 1 million, it will definitely be operated. Therefore, to make a well-known one, it was almost impossible for the lawyer's fee/public relations fee in the circle at that time to be less than 1 million.

It's like the top 10 monthly ticket awards for new books of a certain novel have 1,000 yuan, and the money for brushing to send monthly pass red envelopes and swiping the list has to exceed 1,000 yuan. And every month around the 30th, between the 10th and 11th places on the list, how can there be a gap of more than 200 votes -- otherwise, wouldn't it be the basic law of the market economy that has become invalid?

If a street writer finds himself only a few dozen votes away from the last place on the monthly book list, and seems to kneel down and beg for a ticket to give out a red envelope, he will hope to catch up - then quickly accept this delusion. "If you send 500 red envelopes, you can earn 1,000 yuan in bonuses", are the people in front of you willing to see this kind of hope? You have to behave like "you send at least 1,500 red envelopes to get a bonus of 1,000 yuan" in order to deter people who are "disobedient", right?

……

Gu Cheng usually doesn't take care of the company's internal affairs, and he is not very clear about the above-mentioned doorways. But his IQ is there, and the obvious common sense is still easy to understand.

With Pan Jieying on the side, he called his aunt in charge of finance to confirm, and after some work, Gu Cheng figured out two facts:

Outside, all the conditions meet the requirements of a well-known enterprise, to be a well-known enterprise is about a few million costs.

However, I am not satisfied with the conditions, I need to build momentum, I need to fight left and right, and I need all kinds of complex operations. And according to Fei Wenqing, including the cost of providing to the tax department for nothing, it is really a loss of so much after one item is calculated.

The question now is: spend 200 million yuan to make your brand famous seven or eight years earlier than the legal hard bar requirements, is this business okay? !

Gu Cheng pretended to ponder for a long time, mainly wanting to knock on the other party's offer. But in his heart, he was actually willing.

But why didn't Ma Feng, Ma Teng and others from another time and space use this trick? Although they don't have money now, they will have money in the future, and how can they tolerate the fact that "Ahri Baba" became famous in 2014? Is it possible that even if you want to stuff money in the future, there will be nowhere to stuff it? Has this legal loophole been plugged?

Thinking about it like this, Gu Chengding tested it to confirm the scarcity of this road and whether it was urgent enough: "At present, do you know that there are people in the industry who want to take advantage of this loophole? ”

Vivien Qingqing chose to tell the truth very frankly: "Of course there is, in fact, in this circle, since the beginning of this year, there have been top law firms in Beijing, Shanghai, Guangzhou and Shenzhen looking for opportunities in this regard." However, in our Wuyue Province, for the time being, we are the only one who has the creativity and ability to operate this kind of thing.

Moreover, this kind of thing is also mutually successful, and the corporate brand must be strong enough and other conditions are met except for the number of years, so that the law firm can operate easily. The unspoken rule is that you must at least be a good brand first, and if it is a puddle of mud, no one can stick to the wall. ”

Gu Cheng raised his hand and stopped the other party from continuing to analyze: "Let's make a long story short, then I'll ask you now, do you know who in the circle is also operating?" How many such examples are there? ”

"Yes, I only know one, Gome Electric, looking for the operation of the Beijing Cube Office, Huang Guangyu's price is definitely higher than yours, but that should be, because Gome's brand search popularity is not as good as yours."

After Gu Cheng heard this, he finally became solemn.

Huang Guangyu, who was imprisoned in 08, was the richest man in China for a while.

Gu Cheng didn't know that Huang Guangyu's "Gome" trademark in another time and space was obtained through the channel of judicial recognition.

At that time, Huang Guangyu turned an enemy's trademark infringement lawsuit into a trivial matter, creating a false impression that Gome's trademark was very worthy of being counterfeited, and was counterfeited by countless people who have gone beyond the scope of the home appliance industry.

That case, which was supposed to be done in 2003 and concluded in April 2004, caused a great shock in the judicial circles and made the bigwigs in the home appliance industry look sideways at Huang Guangyu's energy. "Lasting 3 years, annual sales of 1 billion", "brand registration and use for 10 years", these hard bars that must be adhered to when passing the "administrative recognition" channel of the State Administration for Industry and Commerce, were easily bypassed after the road of "judicial recognition" was opened up. (The trademark of "Gome Electrical Appliances" was registered in 1997, and it was only 7 years old at the time of the case, which did not meet the requirements of the administrative recognition of the General Administration, and the turnover was of course satisfied.) ）

It is a pity that it is precisely because of the great influence of the Gome case that the Supreme People's Court saw the huge loophole in the "Fa Shi (2002) No. 32" issued in October 2002. In addition, the demonstration effect of the Gome case has made many well-known but unavailable enterprises and law firms as brokers fly like flies seeing blood. And the State Administration for Industry and Commerce does not want its exclusive power to be deprived of profits by the judicial system, which has brought the matter to the top.

Finally, after an unspeakable struggle for rights within the imperial court, the Supreme People's Court issued a new supplementary legal interpretation at the end of 2005, which limited the effect of "judicial determination", and from 06 years onwards, the well-known recognition of the court system is only the effect of individual cases, and the gold content is not the same as that of the State Administration for Industry and Commerce system. However, in the window period of 2003~2005, a number of well-known enterprises were recognized by the early judiciary by taking advantage of legal loopholes.

Later, a group of the top intellectual property law firms in China rebuked Fang Xuan in that wave of operation and established their reputation.

The women's ticket law should be early, and when the ordinary lawyers and ordinary businessmen with low IQs see this road, then it will not be far from this road being blocked.

Gu Cheng suddenly felt that the people of Tiance Law Firm were in the same way as himself. When he first relied on brushing data for Huang Yi Jinshan, didn't he also know that he had to exploit loopholes as soon as possible? The lifespan of the daily live PV and daily active IP business is less than half a year, and if you want to survive, you need to be fast.

Isn't it 200 million? Let your brand be out of the law and become famous seven years in advance, this deal is done!

Gu Cheng threw the judicial interpretation on the coffee table, leaned on the sofa, and rubbed the acupuncture points on the bridge of his nose. Then Sen Ran said:

"I can give you 200 million, and you are responsible for all operations, including the follow-up hype of 'Left and Rear Mutual Bo'. I won't give you any agency fees, you can find a way to do this at the lowest possible cost. The extra parts are all yours! But if you can't do it, I won't leave you any 'preliminary investigation fees' for 200 million, and you will spit out a lot of money for me! ”

He needs to confirm the other party's grasp and sincerity.

"Deal!" Vivien Qing's courage is also really extraordinary.