欢迎光临散文网 会员登陆 & 注册

励志传记(当今奇人周兴和)第七章第六节

2023-04-05 18:38 作者:金大神的  | 我要投稿

辨识李逵和李鬼

Identify Li Kui and Li Gui

 

“竭泽而渔,岂不获得?而明年无鱼;焚菽而田,岂不获得,而明年无兽。”这句话出自《吕氏春秋》。这话看起来文字似乎有点晦涩,其实不难理解。它是在忠告世人:做事如果只顾眼前利益,无论你一时获得多大的丰收,但绝对不会长久,最终是会走上穷途末路的。

"To drain the lake to catch fish, how can the fish not be caught? But next year there will be no fish. To burn down the woods, how can the animal not be hunt? But next year there will be no beasts." This quote comes from Lv’s Spring and Autumn Annals. The sentence may seem obscure, but they are not difficult to understand. It is a warning to the world: if you only focus on the immediate interests, no matter how big a harvest you get at the moment, but it never lasts long, and will eventually be on the dead road.

四川星河公司和成都金橙公司,就像一对狭路相逢的冤家,为了侵权和反侵权的问题,几年以来,一直都在进行着明里暗里的博弈。这种博弈,有时甚至是毫不留情的。他们数次走上法庭,各显神通,官司从绵阳打到成都,从成都打到北京,打得来天昏地暗飞沙走石。

Sichuan Xinghe Company and Chengdu Jincheng Company, like a pair of rivals, for the infringement and anti-infringement problem, had been engaged in the game for several years. The game was sometimes even merciless. They went to the court several times, showing own magic power, and the lawsuit was transferred from Mianyang to Chengdu, from Chengdu to Beijing, day by day and night by night.

问题的症结:两个面目相似,手中都抡着板斧的好汉,到底谁是李逵?谁是李鬼?

The crux of the problem was that: two persons had the similar facial features, with the board ax in the hand; after all, who was Li Kui? Who was Li Gui?

《四川经济日报》曾做过这样的报道:

Sichuan Economic Daily once reported:

 

“点草成金”竟让四川星河建材周兴和靠秸秆发家!毫不起眼的稻草经过一番技术处理,就可变成“黄金万两”的轻质墙材。这一“点草成金”的专利技术,引来众多投资者的明争暗斗,也使不少发财心切的商家不择手段大肆进行仿制。昨日,其发明人周兴和在成都向外界宣布,他已组织律师小组,从即日开始“清理门户”,首先将全国各地20家克隆其技术和产品的企业推上被告席。

"Turning straw into gold", Sichuan Xinghe Building Materials’ Zhou Xinghe unexpectedly made a fortune relying on the straw! After some technical treatments, the unremarkable straw can be turned into the "priceless" lightweight wall material. This "turning straw into gold" patent technology, attracted many investors infighting, but also made many businessmen eager to get rich by hook to copy the technology. Its inventor, Zhou Xinghe, announced yesterday in Chengdu that he had organised a team of lawyers to "clean up the house", starting with 20 companies across the country that had infringed his technology and products and put them in the dock.

据省建设厅和省科技厅有关人士介绍,秸秆综合利用这道世界难题,近年来首先在四川获得重大突破。四川农民企业家、四川星河建材有限公司总裁周兴和花费10年心血,在技术上实现四大突破,终于成功运用秸秆开发出“五防轻体隔墙板”等一系列绿色建材产品,先后获得国家8项专利,并被列入国家星火计划项目、国家环保重点推广项目、2001年国家级重点新产品。然而,就在发明人采取技术入股的方式,在全国20多个省市办起了37家生产秸秆墙代替秦砖汉瓦的企业之时,却惊奇地发现,市场上出现了不少外形和技术相似的“克隆品”。1999年6月,周兴和在绵阳发现,绵阳高新区高强轻体建材公司生产销售与其专利完全相同的五防轻体隔墙板,随即将对方告上法庭。去年2月,成都市中级人民法院判决高强轻体建材公司停止生产侵权产品,公开赔礼道歉,赔偿损失3万元。今年4月,周兴和又在成都周边市场邛崃等地发现了与其专利相同的五防轻体隔墙板,只好又将生产商成都市金橙环保轻质建材公司告至法庭。最让周兴和不安的是,各地已出现至少20家“克隆企业”,可谓防不胜防。据建材专家介绍,四川年产秸秆4500万吨,全国高达6亿吨,而目前通过各种方式利用的不足10%。若将其中的5%转化为建材产品,年产值就高达数百亿元。正是其中蕴藏的巨大商机,令各方投资者纷至沓来。周兴和表示,不管花多大的代价,都要将官司进行到底。

According to the introduction of concerned personage of Provincial Department of Construction and Provincial Department of Science and Technology, the world difficult problem of straw comprehensive use, obtained major breakthrough in recent years in Sichuan. Farmer entrepreneur in Sichuan, President of Sichuan Xinghe Building Materials Co., Ltd., Zhou Xinghe had spent 10 years, and realized the four big breakthrough on technology, finally and successfully applied the straw to develop the "five-proof lightweight partition board" and a series of green building materials products, which had won eight national patents, and was included in the national Spark Plan Program, national key environmental protection projects, and 2001 state-level key new products. However, when the inventor adopted the way of technology investment, to set up 37 enterprises in more than 20 provinces and cities across the country with the straw wall production instead of the brick and tile, he surprised to find that there had appeared many "counterfeits" with similar appearance and technology on the market. In June of 1999, Zhou Xinghe discovered in Mianyang that, Mianyang High-Tech Zone Gaoqiang Lightweight Building Materials Company produced and sold the five-proof lightweight partition wall board identical with his patent, and immediately sued it to the court. In February last year, the Chengdu Intermediate People's Court ordered Gaoqiang Company to stop producing the infringing products and to make a public apology and compensate for the losses of 30,000 yuan. In April this year, Zhou Xinghe also found the five-proof lightweight partition wall board identical with his patent in Qionglai and other places around Chengdu, and had to sue the manufacturer Chengdu Jincheng Environmental Protection Light Building Materials Company to the court. What made Zhou Xinghe uneasy mostly was that, there had already appeared at least 20 "clone enterprises" in all regions. According to the building materials experts, the annual output of straw in Sichuan was 45 million tons, and in the whole country was as high as 600 million tons, but the current use was less than 10% through various ways. If 5% of them was turned into the building materials products, the annual output value could be as high as tens of billions of yuan. It was the huge business opportunities contained therein that made the investors coming constantly. Zhou Xinghe said that no matter what the cost is, the lawsuit will be carried through.

 

星河公司和金橙公司的官司,除了前面所述的法院判决过程外,他们在专利局也有一番精彩的博弈。2000年下半年,星河公司起诉金橙公司侵权,金橙公司于2001年初以星河公司的隔墙板不具备创造性为由,要求专利局复审委员会宣布星河公司专利无效。专利局复审委于2001年5月30日发文,驳回金橙公司要求,确认星河公司专利全部有效。

In addition to the court process of the case between Xinghe and Jincheng described above, there was also a good game at the Patent Office. In the second half of 2000, Xinghe Company sued Jincheng Company for infringement. In early 2001, Jincheng Company asked the Patent Office Review Board to declare Xinghe Company's patent invalid on the grounds that the partition wall boards of Xinghe Company were not creative. The Patent Office Review Board issued a notice on May 30, 2001, rejecting the request of Jincheng Company and confirming that all the patents of Xinghe Company were valid.

而金橙公司又于2001年下半年,以星河公司隔墙板不具备新颖性为由,再次要求专利局复审委宣布星河公司专利无效。专利局复审委又于2001年11月26日发文,再次确认星河公司专利全部有效。事情延续到2002年上半年,金橙公司又联合绵阳高强公司,以仁和轻型建材公司名义,再次出面申请宣布星河公司专利无效。专利局于2002年5月24日发文,再次确认星河公司专利全部有效!

In the second half of 2001, Jincheng Company again asked the Patent Office Review Board to declare the patent of Xinghe Company was invalid on the grounds that the partition board of Xinghe Company was not novel. The Patent Office Review Board issued a document on November 26, 2001, confirming again that the patents of Xinghe Company were all valid. Things continued to the first half of 2002, Jincheng Company and Mianyang Gaoqiang Company, in the name of Renhe Light Building Materials Company, again applied for the invalidation of Xinghe Company’s patent. The Patent Office issued a document on May 24, 2002, confirming again that all the patents of Xinghe Company were valid!

哎呀呀,这个扯皮的过程,就像在念一段“绕口令”,有时连笔者也念得有些糊涂了,念着念着也成了结巴。

Alas, this process of wrangling was like reading a "tongue twister", and sometimes even the author also reads and feels confused.

这时,奇迹却终于发生了!

Then, at last, a miracle happened!

2004年初,金橙公司志在必夺,再次把他们的神通发挥到了极致。4月12日,专利局竟然否定自己过去几次言之凿凿的文字结论,再次发文,宣布星河公司的专利部分有效,部分无效!按照《专利法》规定,实用新型专利申请无效只能是两次,而专利局复审委却在第4次复审时,宣布星河公司专利部分无效!

At the beginning of 2004, Jincheng Company once again put their magic to the best use. On April 12, the Patent Office denied the firm conclusions it had made several times in the past, and once again declared Xinghe's patent partially valid and partially invalid. According to the provisions of the Patent Law, the utility model patent applications can only be invalid twice, but the Patent Office Review Board in the fourth review, declared Xinghe Company's patent partially invalid!

什么叫我行我素?这就是。

What is my own way? Here it is.

周兴和得到这个结果,真是啼笑皆非欲哭无泪,没有办法,只好又起诉到北京某法院,打起一场行政诉讼官司来。这样一桩让明眼人一看就明白的官司,北京一家有名的专利代理公司和一个著名的律师,看完周兴和给他们提供的一系列证据,信心满满地告诉他:这桩官司是坛子里捉乌龟——手到擒拿。可出乎他们意料的是,他们费尽九牛二虎之力,也终无回天之力,也灰溜溜地败下阵来。那家法院一二审判决,竟依然维持星河公司的专利部分有效、部分无效的结论!

Zhou Xinghe was so distraught that he had no choice but to take his case to a court in Beijing and start an administrative lawsuit. A well-known patent agency in Beijing and a famous lawyer, after reading the evidence Zhou Xinghe had presented to them, confidently told him that this case was a case easy as a piece of cake. But to their surprise, they tried their best and failed miserably. That court still maintained the conclusion that Xinghe's patent was partially valid and partially invalid!


励志传记(当今奇人周兴和)第七章第六节的评论 (共 条)

分享到微博请遵守国家法律