A doctor who travels through two eras

Lin Sanqi took the thermos, smelled it, and felt no desire to eat it at all. Instead, she sighed.

"I just don't understand why the fields can be plowed without getting damaged, but the oxen are worked to death? Isn't it clear that both sides are putting up a struggle?"

Seeing that no one was around, Lin Yaliang whispered:
"You know, never let a woman provoke you in the future. If you do, you'll try your best to prove yourself. Let me tell you, men can never prove themselves in this way. They're born to suck the dust from the ground."

"If you really can't take it anymore, either pretend to be asleep, or let your sister do it automatically, understand? Don't try to be brave. My brother went through the same thing back then, every word is written in blood and tears."

Lin Sanqi asked, puzzled, "Eighth Brother, if this is so tiring, why do so many people like it?"

Lin Yaliang chuckled and pointed out:
"You don't understand, do you? You're powerless in your own wife's genitals, but you instantly become strong and vigorous in another man's wife's genitals. That's why there's that famous saying: 'A wife is not as good as a concubine, and a concubine is not as good as a stolen one.'"

Lin Sanqi quickly waved his hand, saying, "What kind of wild and inappropriate words are these? If you keep talking, I'll have to take action!"

The two arrived at the chairman's office one after the other, where Lin Dezhi, the legal director of Lingnan Hall, was already waiting.

"Fifth brother."

"boss."

Well, these two cousins ​​each have their own version of events.

The two sat down, and Lin Dezhi took out a copy of the indictment and a summons from his briefcase before speaking:

"This is the indictment sent by Zhangzhou Pharmaceutical Factory, which charges the crime of infringing on trademark rights."

My older brother called me last night, saying that the Zhangzhou Administration for Industry and Commerce had contacted the Huadu Administration for Industry and Commerce, requesting them to come to Lingnantang to seize all Pien Tze Huang products currently on sale and impose a fine. However, the Huadu Administration for Industry and Commerce refused.

Therefore, Zhangzhou Pharmaceutical Factory had no choice but to file a civil lawsuit, demanding that we immediately cease the infringing activities and destroy the infringing goods and trademarks, etc.

In addition, we must compensate Zhangzhou Pharmaceutical Factory for its direct and indirect losses, as well as the economic losses caused by the infringement, such as damage to its reputation and reduced sales, totaling 5 million RMB.

Lin Sanqi read through the legal document. He seemed to understand it, but he didn't really understand it, since he wasn't a professional.

"Fifth Brother, do you mean that Zhangzhou Pharmaceutical Factory originally intended to hold us accountable through official channels?"

Lin Dezhi smiled and said:
"Yes, it's a pity that the other party is Fujian Company and we are Dongguang Company. Just based on the fact that we pay nearly 10 billion yuan in taxes every year, Huadu will not agree to the other party's demands."

However, my elder brother also said that he hopes we can find a solution as soon as possible, and that we must not affect Lingnan Hall's business. He added that if there is any official assistance, we should ask for it; they will definitely support us to the end.

Lin Sanqi nodded, thinking to himself that doing business really meant going to the coast and the south.

The government in the south truly fulfilled its role as a service-oriented government, protecting local businesses and absolutely not allowing them to be bullied.

To put it bluntly, it's also called local protectionism.

"Fifth Brother, do you think we can win this lawsuit against Zhangzhou Pharmaceutical Factory?"

Lin Dezhi leaned back in his chair and said with a wry smile:
"It's difficult, I'm afraid it's hard to win, because so far, Zhangzhou Pharmaceutical Factory has won 100% of all the copyright infringement lawsuits it has filed against Pien Tze Huang. That's a terrifying probability."

According to my research, Zhangzhou Pharmaceutical Factory has a total of 84 registered trademarks related to "Pien Tze Huang".

The trademarks include “Pien Tze Huang”, “Pien Tze Huang”, “Pien Tze Huang PZH”, “Pien Tze Huang Hongren”, “Pien Tze Huang Qingjie”, and “Pien Tze Huang Queen”.

The most recent lawsuit was a five-year legal battle between Zhangzhou Pharmaceutical Factory and Ludao Traditional Chinese Medicine Factory. During those five years, the two sides engaged in numerous litigation battles, fighting all the way from the local level to the provincial high court.

During this period, both parties also received a mediation letter from the Fujian Provincial Food and Drug Administration, which was unsuccessful and instead intensified the trademark dispute between Zhangzhou Pharmaceutical Factory and Ludao Traditional Chinese Medicine Factory.

Ultimately, Luda Pharmaceutical Factory lost the case and failed to obtain the generic name for Pien Tze Huang. They had to change their product name to Xin Huang Pian, which, despite having almost identical ingredients, significantly reduced its commercial value.

We can draw two conclusions from this lawsuit: first, Fujian local authorities are definitely protecting Zhangzhou Pharmaceutical Factory; second, at least under current law, Pien Tze Huang is recognized as a brand name.

If Pien Tze Huang is recognized as a product name, then any other company using these three characters would be committing a clear infringement.

The case has now reached Lingnan Hall. If the court rules according to precedent, it will be extremely detrimental to Lingnan Hall.

Lin Sanqi put down the documents and inquired:
"Fifth Brother, if I can provide evidence that Pien Tze Huang is a traditional Chinese medicine formula passed down from ancient times, do you think I can win this case?" Lin Dezhi asked, somewhat surprised.

"Do you have evidence? If you have evidence, that would be best. Let's take the Luda Pharmaceutical Factory and Zhangzhou Pharmaceutical Factory as examples again. I spent all night researching this matter and I have some idea of ​​what's going on."

Both companies' official websites state that Babao Dan originated from a secret court recipe during the Jiajing period of the Ming Dynasty, and that Babao Dan can treat "Huang".

Oh, by the way, in the Minnan dialect, red, swollen, hot, and painful muscles are called "huang". You only need to cut off a small piece and take it to relieve the huang.

During the late Qing Dynasty and the Republic of China period, it was popularly known as "Babao Dan Pianzaihuang" or "Babao Pianzihuang".

It is worth noting that, according to the introductions of both companies, both Babao Dan and Pian Zai Huang claim that their formulas originated in the Ming Dynasty and can be used to treat "huang" (a type of ailment), and that the treatment of "huang" involves taking "slices" of the medicine.

At the time, it was believed that Babao Dan was the same as Pian Zai Huang, and Pian Zai Huang was the same as Babao Dan. The two names could even be used together, which was the default understanding among the people.

Until the 1960s, both the Luda Pharmaceutical Factory and the Zhangzhou Pharmaceutical Factory could produce 'Babao Dan Pian Zai Huang', with little difference between them.

Later, due to the historical context, both parties jointly changed the product name to 'Pien Tze Huang'.

Until the 1970s, due to the planned economy, the state arranged for only Zhangzhou Pharmaceutical Factory to produce Pien Tze Huang, while Luda Pharmaceutical Factory ceased production.

In the late 1980s, due to marketization, the Xiamen Traditional Chinese Medicine Factory also needed to survive, so it resumed the production of Pien Tze Huang.

However, Zhangzhou Pharmaceutical Factory wanted to monopolize the market, so it applied for trademark protection, which prevented Ludao Pharmaceutical Factory from using the product name Pien Tze Huang. The factory had no choice but to change it back to "Ba Bao Dan" (Eight Treasures Pill), marking its first name change.

Later, Zhangzhou Pharmaceutical Factory decided to go all out and filed a second lawsuit, even refusing to allow Ludao Pharmaceutical Factory to use the name "Babao Dan".

Back then, the court ruled that the defendant, Ludao Pharmaceutical Factory, should immediately cease advertising any claims that "Babao Dan" was related to "Babao Dan Pian Zai Huang" or "Pian Zai Huang," in order to avoid misleading consumers.

Later, Luda Pharmaceutical Factory persisted and applied to register the trademarks "Babao Dan Pian Zai Huang" and "Pian Zai Huang Babao Dan" in Class 5, "Chinese patent medicines" and other commodity items in 2012, but was ultimately rejected.

Left with no other option, Luda Pharmaceutical Factory filed an administrative lawsuit with the Intellectual Property Court. After several years of litigation, they lost again and were forced to change the name a second time to "Xinhuang Pian," no longer even allowed to use the name "Babao Dan."

Lin Sanqi scratched his head, somewhat speechless, and said:
"Is Zhangzhou Pharmaceutical Factory really that domineering? I remember that Ludao Traditional Chinese Medicine Factory is also a state-owned enterprise, right? According to you, the two companies actually produced the same Babao Dan Pian Zai Huang decades ago."

Ultimately, in order to completely monopolize the names of Pien Tze Huang and Ba Bao Dan, Zhangzhou Pharmaceutical Factory resorted to drastic measures against its sister company, Ludao Pharmaceutical Factory, forcing them to repeatedly change their names. This was rather unethical.

Lin Dezhi smiled and said:
"Isn't this normal in business competition? How can you tolerate someone snoring beside your bed? Just look at the competition between Jia Duo Bao and Wang Lao Ji in our local Dongguang."

Lin Sanqi stroked his chin and asked:

"Given the nature of Zhangzhou Pharmaceutical Factory, they won't allow us to use the name Pien Tze Huang, and they won't even allow us to use Ba Bao Dan, right?"

"Hmph, trying to mess with me? Looks like it's time to produce some evidence. Fifth Brother, wait for me a moment."

Lin Dezhi was also curious and wanted to see what kind of evidence his boss had that could turn the tide.

A short while later, Lin Sanqi returned, carrying a wooden box in his hands.

Lin Sanqi, wearing white gloves, carefully took out three thread-bound books from the box. Lin Dezhi immediately recognized them as antiques.

"Fifth Brother, look at these three books, they are my evidence. This one is called 'Notes from Puyuan Mountain,' which was written by the imperial physician who fled from Beiping to Zhangzhou, Fujian during the Ming Dynasty. His pen name was Pinghe Jushi."

This peaceful lay Buddhist is the inventor of the Babao Dan, also known as the Pien Tze Huang formula, which is currently recognized by the public.

This book also records in detail the Eight Treasures Elixir formula and the entire process of his invention of the formula, which is irrefutable evidence.

This book, "Longxi Fangge Kuo," was written by Lu Dazhong, a renowned traditional Fujianese physician from the late Ming and early Qing dynasties. It details the origin of the folk name for Pian Zai Huang and clarifies for the first time that Pian Zai Huang is another name for Babao Dan.

The last book is the Qing Dynasty Buddhist medical work, "Nanshan Medical Prescriptions," which contains even more complete information.

The text clearly states that the Buddhist holy medicine Babao Dan was manufactured and sold under the name "Monk's Hat Brand" Pian Zai Huang after the monk Yanhou returned to secular life… (End of Chapter)