Chapter Eighty-Nine: A Preliminary Look
As soon as she mentioned the matter, Ling Li couldn't help but straighten her back, silently twitched the context of the case in her mind, and began to answer seriously.
The facts of the case are actually quite simple, just like what Nan Zhijun said that day.
Yamazaki Seed Co., Ltd., located in Haidong Province, signed a contract with Huayi Hi-Tech Co., Ltd. in Qionghai Province three years ago, under which Huayi Hi-Tech will provide "Pinyou Qianhao" rice seeds to Yamazaki Seed Industry, which will breed and promote them.
Later, because of the proper market strategy, "Pinyou Qianhao" was promoted very smoothly, and the planting area reached 20,000 hectares in Lianghu and Yuexi provinces, which also brought huge profits to Yamazaki Seeds.
These three provinces are geographically located in a position that is neither south nor north, and the gap between the north and south seed industry is not so obvious, and everyone has their own market.
For the first two years, there were no problems. However, last year, the "Pinyou Qianhao" large-scale production reduction and extinction, tens of thousands of farmers were affected, and the reaction was great, and even extreme incidents occurred, resulting in the smashing of the Yamazaki Seed Branch, which sells seeds, and injuries in the conflict.
Later, in order to appease the peasants affected by the reduced production, Yamazaki Seed Industry compensated the peasants with a total of nearly 50 million yuan at that time.
As for why such an event is associated with Nanzhiyi, it is necessary to start with Huayi Hi-Tech, which provided planting at the beginning.
At that time, as soon as she heard the name of this company, Ling Li knew that most of the word "Yi" was related to Nanzhiyi. This is also confirmed by the dossier material. This company was invested by Nanzhiyi five years ago.
It's just that Nanzhiyi relied on technology to become a shareholder, and later supported a scientific research team by himself, responsible for researching and cultivating new rice varieties, and the main work at that time was to improve the "Pinyou Qianhao".
The cultivation process of "Pinyou Qianhao" has actually been cultivated for ten years before it was handed over to Nanzhiyi, and it has been transferred to Huayi Hi-Tech. This is a rare japonica indica hybrid rice variety in China, with high yield, good taste, and broad prospects, but the technology is not mature.
Nanzhiyi has not joined the team for a long time, but in just one year, the quality of rice seeds has been greatly improved, and then it has successfully passed the national approval and listing. After that, the rice seeds were transferred to Yamazaki Seeds.
Three years ago, after the transfer of the seeds to Yamazaki Seeds, Huayi Hi-Tech ceased operations, and the other two shareholders, one died of illness and the other emigrated.
Therefore, when the problem of the extinction of "Pinyou Qianhao" was exposed, Yamazaki Seed Industry found Nanzhiyi, which could be found in China and was such a big live target.
Speaking of this, Ling Li frowned: "But I don't think the situation is that serious, take 10,000 steps back and say, even if Mr. Nan is a shareholder and should be held responsible, he only bears limited joint and several liability for the amount of capital contribution, and it is impossible to pay 200 million." Can't Yamazaki Seed Industry see this? ”
In addition to the more than 50 million yuan in compensation to the farmers who lost the harvest, Yamazaki Seeds' lawsuit also included 150 million yuan in reputational losses, of which more than 10 economic losses caused by reputational damage were accumulated, and the majority of the company's stock price fell due to the collapse of production.
Let's not say whether this stock price drop can be included in the loss of reputation, even if the judge's brain is full of water, all of them will be included in the amount of compensation, but Huayi Hi-Tech no longer exists, and the whip cannot be whipped, and Nanzhiyi is only one of the shareholders of Huayi Hi-Tech, and he is only responsible for his own capital contribution.
At that time, Nanzhiyi invested in technology, accounting for 30% of the registered capital of 10 million, so he only had to pay 3 million at most.
This is what Ling Li can't figure out the most.
No matter what you do, you have to talk about the cost, and if you win it, you will get a lawsuit of 3 million, not to mention how much you have to pay for the lawyer's fees of 200 million yuan, just when the case is filed, you have to pay more than 1 million litigation fees in advance, and you have to work hard to go to the south to fight the lawsuit, and the pay and harvest are completely disproportionate!
Yamazaki Seed Industry is the head in water, right?
Tian Zhengyan glanced at Ling Li, and did not answer her question, but asked lightly: "The basic facts of the case are like this, so what do you think about the evidence?" ”
Ling Li was a little blind.
In fact, the evidence provided by the other party at the time of filing a lawsuit is quite small, which is nothing more than some procedural documents, in addition to the complaint, what is the company's registration information, power of attorney, articles of association, and a copy of the legal representative's ID card.
The other party's evidence also includes the articles of association of Huayi Hi-Tech, even if this material, she has broken it word by word.
There is no other useful information about this pile of things, except for the image of the so-called legal representative of the listed company being pitted into a burnt roll by a copy of his ID card.
She had no choice but to shake her head honestly: "I really can't see anything wrong." ”
Anyway, on the surface, these materials she has seen are normal and of little value. As for whether there was an undercurrent hidden in this pile of documents that she couldn't see, Ling Li didn't know.
Therefore, after saying the previous sentence, she obediently lowered her head and waited for Tian Zhengyan's criticism and proof.
If you want to talk about the gap between people, it's really not better than not knowing, and it's frightening.
Tian Zhengyan is different from Zhu Jinchuan, he is not specialized in intellectual property rights, from Ling Li secretly searched for his personal information on the Internet, Tian Zhengyan has published papers and monographs over the years, mostly involving maritime law and economic law.
According to his own words, the cases he represented when he was a lawyer in the past were mostly maritime contract disputes, and the rescue of common sea loss shipwrecks belonged to the category of Ling Li who was confused when he heard it, and forcibly memorized and forgot when he was taking the exam.
If you want to talk about intellectual property cases, this is the first time he has been driven to the shelves, and he is not prepared at all, and he is not even as good as Ling Li, who has at least one new plant variety case of representation.
Ling Li originally brazenly thought that everyone had the same starting point, but Tian Daniu's basic legal skills were solid and touchable, and she looked at the case at a glance and recited it in ten lines, and she had not seen the same case "This court tried and ascertained", and people had already seen that "the litigation costs are borne by XXX".
Then he would immediately ask a few questions, asking Ling Li speechless and ashamed, wishing that he could hide his head in his stomach with the special function of a turtle, so as not to be embarrassed.
Therefore, she took it for granted that her opinion should be very shallow.
Tian Zhengyan was also full of lightness: "There is really no useful information, your judgment is very correct." 200 million is just a gimmick, even if Nan Zhiyi loses to his grandmother's house, he only needs to lose 3 million of the capital contribution. ”
"Huh?" Unexpectedly, Ling Li was completely stunned.
"If you want to change someone else, you may not have this matter, but it's a pity that he is Nanzhiyi, and the truth of the tree is common everywhere, and it is naturally the best choice to pull him in and divert people's attention." Tian Zhengyan added.
Before Ling Li could be happy that his ideas were recognized by the great gods, he became dizzy again.
Divert your gaze? What does that mean?
Seeing that she couldn't come back to her senses for a while, Tian Zhengyan had to explain patiently: "Huayi Hi-Tech no longer exists, and the three shareholders die and emigrate, and Nanzhiyi can still catch it." It just so happens that the market of Yamazaki Seed Industry is in the north, and he is not afraid of Nanzhiyi, who is engaged in indica rice, so no matter what it is, it can sue one or the other. Even if it can't be sued, it can use the lawsuit to divert the focus of the company's shareholders, and it will also make the people who decided to introduce Pinyou Qianhao breathe a sigh of relief. Got it? ”
"Hmm." Although he still didn't understand anything, Ling Li also nodded quickly, so as not to provoke Tian Zhengyan to run away from him too stupidly.
This is really not a good-tempered person, he is gentle and elegant when he doesn't speak, and he is really an incorruptible tongue when he scolds people, and Nan Zhiyi, who is full of crooked reasoning, is also defeated from time to time.
It's just that in her opinion, she still can't understand why this lawsuit, which is destined to lose money whether it is won or lost, can be fought?
She didn't dare to say more because she had doubts in her heart, but Tian Zhengyan fell into a pensive look, and the room was quiet for a while, a little cold.
Tian Zhengyan squinted slightly and thought for a while, and finally decided: "There is not much useful information about this case at present, and the other party has not even left the contact information of the lawyer, so I am afraid that there is not much preparation. Therefore, our research on the facts of the case can be put to an end for the time being. ”
Hearing this, Ling Li was a little excited.
There is no need to study the case, does it mean that she can be freed from this pile of tomes and slow down?
Before she could figure it out, Tian Zhengyan sent her to hell with one sentence: "Next, it is about the systematic training of representing intellectual property cases, and there is not much time left for us, I am afraid we will have to work overtime." ”
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In the early morning, wisps of thin sunlight shone into the room through the gaps in the dark gray curtains, and the cold wind in the morning swept in from the corner of the living room window, setting off a string of wind chimes made of shells, and the pleasant sound of silk went around and drilled into Ling Li's ears.
She was still a little drowsy, and she only felt that the sound was flickering and flickering, a little annoying.
Tian Zhengyan, who had long known that he could be friends with Nan Zhiyi, must not be easy to get along with, but he didn't expect it to be so outrageous.
The overtime in his mouth means that he only leaves eight hours a day for her to sleep.
These days, Ling Li was caught by Tian Daniu, and she didn't go home until late at night every day, so tired that she could fall asleep brushing her teeth, she was really tired, even when she was preparing for the judicial exam while working, she had never studied so intensively.
It's so easy to rest and rest, if you don't wake up naturally, how can you have enough money?
Rolling up the quilt and turning over, Ling Li still wanted to continue sleeping, but suddenly felt her body sinking, followed by a shock, and after a few seconds, she came back to her senses and found that she had rolled under the bed.
Although it didn't hurt at all when wrapped in the quilt, it made Ling Li completely sober up.
Grabbed the watch on the bedside table and looked at it, it was already ten o'clock in the morning, immediately turned over and got dressed and washed, after everything was cleaned up, Ling Li grabbed the bag and hurriedly went out to run errands.
Because she was robbed of her bag before the Spring Festival, there was nothing left, and this morning, she seized the time to reapply for a phone card and bank card. After that, when she arrived at the communication city in the center of the city, she ignored several mysterious people who whispered to her "do you want a mobile phone", and went straight to a domestic mobile phone counter and bought a new mobile phone.
Everything was in order, Ling Li looked at the white mobile phone in her hand with a bitter face, and felt a little painful.
The staff of the business hall said that the temporary ID card could not participate in any activities to charge the phone bill and return the mobile phone, so she could only buy a bare metal, and she could not enjoy any discounts, which was very cost-effective.
Oh, how else to say that it is right to list crimes that seriously threaten the people's sense of security such as "two robberies and one theft" as the key targets of crackdown, and the promising profession of a master who has a motorcycle but is not good at doing a motorcycle has embarked on the broad road of common prosperity, what bag to rob!
Put the reissued mobile phone card into the mobile phone, press the power supply and turn it on smoothly, and then, a burst of "Didi Du" received the default sound of the text message floating out.