The personal appraisal of the experts of the Tongguò Palace Museum has been able to prove that the "Records of the Green Bag" is indeed one of the volumes of the "Siku Quanshu" that was stolen by the allied forces during the Eight-Nation Alliance's war of aggression against China more than 100 years ago, and several experts also told everyone sitting here that this "Records of the Green Bag" is actually only treasured in the Wenyuan Pavilion of the Forbidden City, and other libraries located in other parts of the country do not have this volume at all. _Bar w·w·w-.-y·a·w'e'n=8=.-c-o·m'

Zhang Zhengguo originally figured out Gu Jing Kun's troubles, and secretly used the relationship to instruct the experts in the provincial capital to make some ambiguous answers to get by, but he didn't expect Qin Xiao to dare to do this, and he did not hesitate to give the original "Green Capsule Testament" to the Palace Museum! But he also realized that if this was the case, at most he would lose the lawsuit, even if he failed this time, he would be able to get the original recipe for the Seven Spirit Flowers in the "Green Capsule Testament", which was a good thing for him.

But Zhang Zhengguo also considered that even if he got the real formula, at this time, Luo Chuan and Qin Xiao already knew that they were hungry for the improved process, and they could not catch up in terms of output or efficacy, but he felt that since Qin Xiao could research the seven spirit flowers of modern technology in just over a year and enter the market for sale by himself, why couldn't his scientific research team? But what Zhang Zhengguo never expected was that these studies done by Qin Xiao were actually done on the basis of Qin Qin's grandfather and great-grandfather, and according to the workload, it was at most the last point, and most of the medicinal materials, the testing of the key substances in them, and finally the search for a suitable extraction method, the basic mountain was done by the two predecessors, and Qin Xiao just used the ancestral theory of Chinese medicine to carry out dialectical preparation.

At this moment, Qin Xiao gave Su Xiaoman, who was sitting next to him, a look, Su Xiaoman signaled to speak, and after the presiding judge agreed, she said:

"My attorney just communicated with me, and we decided to file a lawsuit against Zhang's Pharmaceutical Group on the issue of Qiling Huasan's foreign trademark not complying with trademark norms in court, and hope that the presiding judge can hear it."

Suddenly, everyone in the entire court was surprised, followed by incessant commotion and discussions, and Zhang Zhengguo and his lawyer never expected it. Qin Xiao would actually file a counterclaim at this time! Zhang Zhengguo has only woken up from a dream now, how he persuaded Qin Xiao to cooperate with him before, it was simply wishful thinking, in fact, Qin Xiao didn't want to find any ancestral secret recipe at all. It's not that you want any Seven Spirit Flowers to make money or get any benefits, but to use the Seven Spirits Flowers to deal with yourself, even at any other cost.

The presiding judge picked up the hammer and pinched it, and said, "Please be silent! ”

Suddenly. The whole court calmed down, and the presiding judge said: "Since the defendant has filed a counterclaim, then please say in court that since the reason for the counterclaim is directly implicated in this case, as for the corresponding procedure, it can be simplified." _Bar_w w-w."

Su Jingkuan also saw his daughter's appearance in court, and he was also very happy in his heart, but he was forced to testify for Zhang Zhengguo, so he didn't dare to come out, because he knew. Zhang Zhengguo can be said to be calling for wind and rain in the county and even bigger places, but he didn't expect to be so embarrassed by his daughter and several of their classmates. In fact, but such a protracted case has made Zhang Zhengguo very faceless, when he started, he was also a hairy boy, and he also relied on this kind of open and secret battle to defeat many opponents, but now he is attacking and defending aliens, and he, a middle-aged man who is over fifty years old, has been dealt with by several young people.

Su Xiaoman got up and said unhurriedly: "I have been able to confirm the previous time that the "Green Capsule Record" is indeed a classic in the "Four Libraries Quanshu" of Wenyuan Pavilion in the Forbidden City. Then we can say that Qiling Huasan is an ancient prescription of the former Qing Dynasty, as for whether it is the heirloom prescription of Hua Tuo, a famous doctor in the late Eastern Han Dynasty, there is no way to verify. Since it is a pre-Qing ancient prescription. So for whomever can use it, we use its foreign party, there is nothing to blame, and the other party's foreign patent is invalid. ”

At this time, Su Xiaoman took out a box of Qiling Huasan internal prescription medicine produced by Luochuan Pharmaceutical Factory and a box of Qiling Huasan external medicine produced by Zhang's Group, and put the outer packaging of the two boxes under the projector. Said:

"Everyone, please see, judging from the outer packaging of these two medicines, the trademark we use is Daisy Pharmaceutical's own registered trademark 'Daixi White Tincture', while the trademark of Zhang's Pharmaceutical Group's outer packaging is written 'Qiling Huasan', obviously whether it is inside or outside, in fact, Qiling Huasan is his generic name, which is similar to Article 59 of the Trademark Law of the People's Republic of China, 'the generic name, graphics, and model of the product contained in the registered trademark, or directly indicate the quality, main raw materials, functions, uses, weight, The number and other characteristics, or the place name contained therein, the owner of the exclusive right to use the registered trademark has no right to prohibit others from using the generic name of the product, which is contrary to the fact that it contains the generic name of the product, so the trademark registration of Zhang's Group is also invalid. Therefore, for the name Seven Spirits Flower Scatter, we can also use it as a trademark. ”

Zhang Zhengguo's lawyer also protested at the moment, saying:

"I and my agent disagree with the above views and evidence, first, my agent is completely produced according to the original prescription, although it is only a foreign medicine, but it is also an authentic Qiling Flower Scatter, so although the trademark we applied for has a generic name, it does not prevent other people from using it." Second, the name of Qiling Huasan';Second, the whole market is just my agent who produces this medicine, and although the other party is taking medicine for external injury, it is not necessarily the real Qiling Huasan, so the other party cannot use this name;Third, take 10,000 steps back, the name of this Qiling Huasan is recorded in the "Green Capsule Testament", not named inside, and there are many people in the world who know this medicine, but those who know the name of this medicine plan not, this name is not a common name for the public, It is not a historical generic name, but it was recorded once in an ancient book, and my agent or his ancestor knew about this record because of some coincidence and used it, and it was not a 'generic name' used, so how can others use it, because in the trademark applied by my agent, 'Qiling Huasan' does not constitute an element of a generic name at all. Bar_w'w-w=.-"

The two sides entered the period of mutual debate again, Qin Xiao heard this, and knew that the one who should come would come sooner or later, so he got up and said: "Okay, I am not a legal expert, I can't say such a difficult way to say that the dead can be said to be alive, I only know one truth, the times are progressive, and any progress is made at the height of the predecessors, and now we use electromagnetic therapy to replace the traditional magnet." The mechanical cantilever replaces the original scalpel, can you say that this is not magnetic therapy? This is not surgery? We have improved the synthesis process on the basis of the original recipe, so that the cost of this good drug has been greatly reduced, and the yield and yield have been greatly increased. Let many people enjoy its curative effect, can it be said that what we produce is not the Seven Spirit Flowers? So about the name of this Seven Spirits Flower Scatter, let me prove to you that this is a common name. ”

Saying that, Qin Xiao motioned to an old monk sitting under the stage to stand up, and Qin Xiao explained: "It's not a secret, this senior monk is Master Juehui, the abbot of the North and South Temples in our county. He was a veteran during the Anti-Japanese War, he used to work underground, and skillfully took back this ancient book from the hands of the Japanese army, I believe that the genealogy of our Qin family has been very clear, he is that Mr. Meng Haichang, he has used this Seven Spirits Flower Scatter in many places in Luxi, and he has also used the Seven Spirit Flowers to heal the trauma of his comrades-in-arms, and I now also invite his comrades-in-arms, Old Man Xie Yunhai to come up. Let's confess together. ”

Meng Haichang and Xie Yunhai stepped forward together, Meng Haichang said: "I was a person who had seen the real "Green Capsule Testament" back then, who was neither the Qin family nor the Zhang family, and I also used a prescription, there are many people in Luxi who know the name of this medicine, but unfortunately, most of them have passed away, but this comrade-in-arms next to me is the same as me, and I am fortunate to keep the shell in the world, and this time I came to explain that at that time. I only use the Seven Spirit Scatter in Luxi, and my comrades-in-arms are also the beneficiaries of the Seven Spirit Scatter, which we can always prove. ”

Xie Yunhai was clumsy in words. So Meng Haichang, that is, Master Juehui, said everything Xie Yunhai should have said, but Xie Yunhai just nodded yes.

The jury in the audience couldn't stop nodding, and Qin Xiao said while the iron was hot at the moment: "In this way, we should all be able to see it." This was already very famous at that time, not as the opposing lawyer said, little known, which is untenable, so Qiling Huasan is his generic name, there is no doubt about this, and as a generic name, we have the right to use it, and the other party has that name as a trademark, in fact, it is very unscientific, and even some unfair means of unfair competition. ”

Zhang Zhengguo was powerless to resist the repeated attacks of Qin Xiao and others at this time, and he was speechless in the face of these iron evidences. What made him even more annoyed was that he couldn't see Qin Xiao's combination of moves one after another, the two sides had already finished the debate, and finally the presiding judge thought that the specific evidence needed to be further verified, and the details of the case needed to be more detailed, and he did not announce the verdict in court.

But the result was still unsatisfactory, and less than ten days after this court appearance, the anti-Yuan verdict was handed down.

The People's Court of Liangzou County, Ludong Province executed the notice

(2o14) Liang Zou Min Chu Zi No. OO121

The plaintiff (counterclaim defendant) is Zhang's Pharmaceutical Group, Liangzou County Economic Development Zone, legal representative Zhang Zhengguo, chairman of Zhang's Pharmaceutical Group.

Entrusted agent xxx, Liangzou County xxxx law firm.

The defendant (counterclaim plaintiff) Daisy Pharmaceutical, the legal representative Luo Chuan, Qin Xiao.

Entrusted agent, Su Xiaoman, consulting lawyer of Daisy Pharmaceutical Group.

The plaintiff, Zhang's Pharmaceutical Group, alleged that in early 2o14, a commercial cooperation contract was signed, whereby the plaintiff and the defendant's colleagues produced their respective external wound drugs, Qiling Huasan external dressing and Qiling Huasan, for unified marketing, and the contract stipulated that the period was eight years, and that the double anti-dumping and anti-dumping drugs could not be adjusted without authorization, as well as the production of the other party's drugs, while its business partner, Daisy Pharmaceutical, produced a large number of Qiling Huasan external dressings for which the plaintiff had registered a trademark and applied for a patent in the spring of 2o14,...... The plaintiff filed a lawsuit with this court on this ground. Requests: 1. The external application produced by the defendant shall not be sold in the market without the authorization of the plaintiff; 2. The plaintiff shall compensate the plaintiff in full for the economic losses caused to the plaintiff and bear the litigation costs.

The defendant Daixi Bai Tincture argued that the contract stipulated that if the plaintiff's patent for Qilinghuasan external dressing was invalid, the contract would be invalid, and the defendant preemptively produced the external application because it was worried about the damage to its own economic interests after learning that the plaintiff's patent was invalid, which had constituted an element of counterclaim. …… However, the plaintiff produced an external application that was a former Qing ancient prescription and did not have the conditions for a patent, and the trademark used by the plaintiff was defective and used the generic name of the ancient formula, the defendant did not recognize the validity of the patent, and in accordance with the relevant terms of the contract between the two parties, it produced its own external application, which did not violate the contract.

Daisy Pharmaceutical, the plaintiff in the counterclaim, claimed that Qiling Huasan had been widely known in the pre-Qing and Republic of China periods, and was used by many doctors, and "Qiling Huasan" was a generic name for this medicine,...... The trademark applied for by the plaintiff does not comply with the principles of trademark application and should be banned in accordance with the law.

The counterclaim defendant, Zhang's Pharmaceutical Group, argued that it had been using and had been producing according to the original recipe, while the counterclaim plaintiff was not using the original party's internal production system, so the counterclaim plaintiff was not producing Qiling Huasan,...... Therefore, the counterclaim defendant argued that this party was used by itself alone, and its registered trademark was also obtained from the records in ancient books, but it could not fully explain that "Qiling Huasan" was the generic name of this drug, and the counterclaim defendant only quoted the manuscript of the ancient book "Qiling Huasan" (i.e., the copy copied by Zhang Baoshan from Qin Ruiming).

Daisy Pharmaceutical, the plaintiff in the counterclaim, argued that this formula had been used by many people, including a veteran of Luxi who was still alive during the Anti-Japanese War,...... It was believed that the generic name of this party was indeed Qiling Huasan, and it was widely known, so it claimed that the trademark of the counterclaim defendant Zhang's Pharmaceutical Group was illegal.

(All of the evidence will not be detailed here.) ）

This court held that the commercial contract signed by the plaintiff (counterclaim) and the plaintiff (counterclaim) had complete terms, true meaning, and conclusive evidence, Qilinghuasan was an ancient prescription of the former Qing Dynasty, and "Qilinghuasan" was indeed the generic name of this drug,...... According to Article 107 of Chapter VII of the Contract Law of the Republic of China and Article 59 of the Trademark Law of the Republic of China:

1. The plaintiff (counterclaim defendant) Zhang's Pharmaceutical Group's Qiling Huasan patent was invalid, and the outer packaging and trademark of Qilinghuasan were modified.

2. The plaintiff (counterclaim defendant) Zhang's Pharmaceutical Group paid the defendant (counterclaim plaintiff) Daisy Pharmaceutical to compensate for economic losses of 5ooo yuan.

3. The above-mentioned sums shall be paid in full within 10 days after the judgment takes effect. If the time limit is overdue, it shall be implemented in accordance with the provisions of Article 229 of the Civil Procedure Law of the People's Republic of China, that is, the interest on the debt during the period of delayed performance shall be doubled.

The litigation fee of this case is 1oo yuan, which is borne by the defendant (counterclaim plaintiff) Zhang. The counterclaim fee is 5oo yuan, which is borne by the plaintiff (counterclaim defendant) Wang.

If you are not satisfied with this judgment, you may submit an appeal petition to this court within 15 days from the date of service of the judgment, and submit copies according to the number of opposing parties, and appeal to the Intermediate People's Court of XX City, Ludong Province.

Presiding judge xxx

People's assessor xxx

People's assessor xxx

October 20, 2014

Clerk xxx (To be continued.) )