Chapter 1186: Chapter 382 Jie Jianbin’s Response! _3
This is the difference between lawyers.
After Tang Fangjing erged as a formidable force, the impressive lawyers began studying his invincible tactics.
On the contrary, those less competent lawyers kept claiming unfair competition from the other side, saying their livelihoods were being taken…
When so people see a colleague succeed, their first thought is to learn.
Others choose to suppress the opponent, as they are too comfortable in their comfort zone and no longer wish to learn.
“Returning to this case, you now see, he didn’t use our traditional point-by-point comparison thod, instead he created a logical closed loop through criminal ans.”
“We comrcial lawyers usually don’t handle criminal cases, and at this mont, we easily fall into a dilemma, as if whatever we say is questioning the criminal judgnt.”
“This is the opponent’s tactic, we cannot question it, and thus he wins, gaining control of the case.”
“Therefore, to deal with Tang Fangjing, we must act disorderly; you play your ga, I play mine!”
Jie Jianbin finally revealed his core idea; in past litigations, the plaintiff makes a move, the defendant counters.
But now, he wants to do the opposite: When Tang Fangjing strikes, he does not respond, but delivers a punch back!
His entry point is based on the fourth item of Article 9 of the “Anti-Unfair Competition Law”:
As referred to in this Law, comrcial secrets an technical information, operational information, or other business information that is not known to the public, has comrcial value, and has been kept confidential by the rights holder.
Legal wording must be precise; all conditions above must be t to be considered a comrcial secret.
The first entry point: not known to the public.
In layman’s terms, it ans other people do not know.
“My understanding of not known to the public is that the information is not widely known or easily acquired by those in its field.” Jie Jianbin continued.
“Widely known and easily acquired, in my opinion, doesn’t require the information to necessarily be known or acquired by any specific person.”
“As long as this relevant information is in a state where personnel in its field can know it if they wish or can easily acquire it, or personnel in its field can obtain or learn the information without much effort, it can be deed widely known or easily acquired by personnel in the field.”
“In such a situation…”
A lawyer in the team chid in: “Invention patent!”
Jie Jianbin smiled and replied: “An invention patent is just one point, it can be ntioned, but there are other points.”
“For example, this morning I inquired with a deputy general manager of Dajin Company, their initial project had an annual production capacity of 58,000 tons.”
“Whereas in this case, the technological secret has a production scale of 50,000 tons annually.”
“Additionally…”
Such cases are never simple tasks; legal work must be done, and likewise, Jie Jianbin began making phone calls, instructing Dajin’s technical staff to start searching for so public information.
This includes but is not limited to public papers, reports, literature, and similar technologies from other companies with an annual production capacity of 50,000 tons or more.
The goal is to conduct a technical comparison to prove Tengfei Company’s technology does not have confidentiality.
The second entry point is whether this content has comrcial value; if it does not have comrcial value, it naturally cannot be considered a comrcial secret.
As long as they can find other more mature technologies with higher annual production at that ti, they can align with that.
Besides, Jie Jianbin clearly understands that against Tang Fangjing, he absolutely cannot defend passively; he must attack to disrupt the opponent’s rhythm.
Therefore, very quickly, Dajin Company’s President Qiao had a task: based on the patent infringent judgnt between them and Tengfei Company at the ti, to apply to the authorities for invalidation of the patent!
Recognition is one thing, but when it cos down to action, Jie Jianbin will not show any leniency.
This is professional attitude.
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