From knock-off old-man's electric vehicles to industrial giant
Chapter 40 I must immediately transform into my righteous form and strike!
Chapter 40 I must immediately transform into my righteous form and strike!
"Yes, Professor Luo, please go ahead."
Xu Yi replied subconsciously.
"Uh... Teacher Luo?" Luo Xiang was immediately stunned. He never expected that such a respectful title would suddenly come out of the mouth of this generous client.
Xu Yi realized he had let something slip and quickly tried to cover it up.
"Haha... I just blurted it out. I saw that Lawyer Luo's appearance and attire had a very teacherly and educational quality, so I brought it out unconsciously."
As soon as these words came out.
Luo Xiang's shy expression deepened, and he spoke somewhat embarrassedly.
"Mr. Xu, you flatter me. Actually... I have given a few public lectures on criminal law before, but perhaps my speaking skills are not good enough. In the end, I often fail to express myself clearly and the effect is not very good. I think I am more suitable for defense work."
As he spoke, he couldn't help but recall the time he gave public lectures at the university.
As someone who is quite socially anxious, I felt very awkward facing so many students for the first time.
Despite having many thoughts and insights, they become conservative and distorted when spoken aloud.
Moreover, he often felt that what he wanted to say might be too presumptuous.
It might not be appropriate to say it in public.
“Not at all. Teaching and educating people or popularizing legal knowledge to the public doesn’t necessarily require lecturing. We live in the internet age now, and social media will become more and more developed in the future. If you’re not comfortable being offline, Attorney Luo, you can also consider this aspect,” Xu Yi said with a smile.
How is online self-media developing?
Upon hearing this direction, Luo Xiang was deeply moved and became thoughtful.
Also.
He was quite reserved when facing many students and the general public.
If there were only a camera or a phone lens in front of him, he wouldn't feel anything. Besides, in his line of work, he had seen too many cases of right and wrong. To be honest, before he made it big, he felt quite depressed and often had an urge to speak out.
"By the way, Attorney Luo, what were you about to say?" Xu Yi asked.
"Oh...sorry, I was daydreaming."
Luo Xiang immediately came to his senses and then said:
"What I was just saying is that, judging from the materials in this case, Mr. Xu, you don't have much legal risk. Moreover, you not only avoided some design flaws, but you also filed certain patent applications in advance for your own micro-innovation model, right?"
Xu Yi nodded. "Yes."
To put it nicely, it's minor innovation; to put it bluntly, it's exploiting legal loopholes.
Borrowing and copying the appearance of a car, and even applying for patents for related designs, sounds absurd, but it's common practice in the industry.
It was mainly something I did conveniently, serving as a form of preventative measure.
These days, too many people try to exploit loopholes in trademark and patent applications, and it's common for them to even preemptively register patents and trademarks.
I'm doing all this simply to prevent certain things from happening.
“In that case, this case will not cause any loss to your company, but in my opinion, your company still has some related rights that have not been protected,” Luo Xiang continued.
Xu Yi didn't understand this sentence: "Our company's own related rights and interests?"
As the defendant, and a manufacturer of electric vehicles for the elderly that operates on the fringes of the legality of the industry, what legitimate rights and interests do they have?
How come he didn't know?
No way.
Surely not—
Is he supposed to use the patent he applied for in advance to sue Porsche in return?
Isn't this going too far?
Moreover, wouldn't that be like a son suing his father, with absolutely no chance of winning?
Luo Xiang replied, “Yes, Porsche has sued those companies that infringe on its patents and designs. Don’t you also intend to protect your rights through legal means…”
According to the case materials, Porsche's patent infringement allegations involve the infringement comparison standards of Article 2, Paragraph 4, Article 11, Paragraph 2, and Article 64 of the Patent Law... Since the "old man's joyride" is a non-motorized vehicle, motor vehicle patents do not apply, and the lawsuit is more about infringement from the perspective of profiting from the sale of the product.
"Now, here comes the key point."
The "old man's cars" produced by our competitors happen to belong to the same category as those produced by your company, Mr. Xu; they are both special low-speed mobility scooters.
From a product perspective, although they are copying the Porsche design, they are also highly similar to the Starlight Mobility scooter produced by your company, and you have applied for a design patent in advance.
Therefore, according to Article 42 of the Patent Law, your company clearly meets the requirements for establishing standing to sue. Furthermore, according to Article 31 of the Implementing Regulations of the Patent Law, when you applied for the minor innovation design patent, you also declared the dimensions of the vehicle body, the front outline design, and design details such as the headlights…
"Judging from the size and outline, our competitor's car is more likely to be similar to yours. If the court confirms the 'similarity' standard, I think the chances of winning the case are quite high, and there's even a possibility of receiving compensation."
"Of course, even if the other party defends itself based on the patent law and the court proceedings become protracted, it will still lead to legal disputes, which will have a relatively serious impact on the company's reputation and production."
After all, their team had to deal with two patent infringement lawsuits at the same time.
Once this case is established, it can also deter other manufacturers of mobility scooters for the elderly from engaging in rampant infringement and imitation.
……
After all, he graduated from a prestigious university and has extensive experience in handling cases.
Luo Xiang clearly had an exceptional memory. After reciting several patent laws, he opened his briefcase and pulled out the relevant regulations, pointing out to Xu Yi a whole bunch of potential infringements by competitors.
Xu Yi: "..."
He seemed to understand somewhat.
Professor Luo Xiang meant that he should defend himself as not only the defendant.
Instead of acting as the defendant, they also became the plaintiff, filing a lawsuit against these competitors for patent infringement.
hiss--
The scene seemed a bit chaotic.
And this is too ruthless!
These competitors were already in a bad situation being sued by Porsche, and he's just adding fuel to the fire?
Isn't this trying to kill our competitors?
To be honest, Xu Yi had never really thought of this kind of path!
Not only did I never think of it!
I've never even seen one before!
I originally thought that as the originator of the high-imitation old man's car in this life, I was already a lawless madman.
But who would have thought.
Could a professional possibly suggest an even more outrageous and "lawless" path?
hard to imagine.
What would our competitors feel if they were faced with this situation?
Brilliant... Absolutely brilliant!
"However, this is just my personal opinion. I just thought of it and said it. If you find it troublesome, Mr. Xu, let's follow the normal defense procedure, which is the most efficient."
After making his suggestion, Luo Xiang regained his slightly shy expression, as if he felt he had said too much.
Xu Yi raised his hand, his expression turning righteous: "No, Attorney Luo, you explained it very well. If it weren't for your enthusiastic explanation, I wouldn't even know that our company's legal rights have been violated..."
"These plagiarists—they've really gone too far!"
"Could your team please draft several lawyer's letters for me right now? I need to immediately transform into a force of justice and strike!"
……
(End of this chapter)
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