A doctor who travels through two eras

The boss took his sister-in-law on a trip to Europe, but Lingnan Group still needs to maintain normal operations.

As the general manager, Lin Tianhua earns an annual salary of over 100 million yuan, so he naturally handles everything personally and dares not be careless in the slightest.

Legal Department Manager Lin Dezhi also returned from Europe a week later, and on the eighth day of the Lunar New Year, he officially formed a legal team to deal with the lawsuit filed by Zhangzhou Pharmaceutical Factory.

General Manager's Office, 87th Floor, Lingnan Building.

Lin Tianhua shook hands with the 190cm tall intellectual in front of him, his smile very sincere:
"Professor Zhang, welcome, welcome."

Zhang San also politely shook hands with Lin Tianhua and replied with a smile:

"I am Zhide's teacher, and you are Zhide's uncle. We're practically family, so there's no need to be so polite, haha."

Lin Dezhi quickly made tea for both of them before obediently sitting down to the side.

"Uncle, Professor Zhang is a professor at the School of Criminal Justice and the director of the Institute of Criminal Law at the National University of Political Science and Law. He was rushed to Huadu right after the New Year and hadn't even had a chance to go back to work yet. We must win this case."

Although Lin Tianhua already knew the other party's strength, he still couldn't help but bow slightly and say:

"Being able to invite a legal expert like Professor Zhang gives me even more confidence in our case."

Professor Zhang was quick to respond, waving his hand and saying:

"As I just said, we're all family, there's no need for formalities. Now, bring out the entire process of the lawsuit and the evidence you have, and I'll help you assess it."

Upon hearing this, Lin Tianhua stood up, opened a safe in the inner room, and took out three medical books.

"Professor Zhang, this lawsuit was caused by this one medicine, Pien Tze Huang."

After Lin Tianhua finished speaking, he placed a beautifully packaged small medicine box on the coffee table.

Professor Zhang picked it up and looked at the packaging, then remarked:
"I know about Pien Tze Huang. Currently, there are two top-secret Chinese medicine formulas in our country. One is Yunnan Baiyao, and the other is Pien Tze Huang. Its confidentiality period is permanent."

Lin Tianhua nodded and said:

"Yes, it is precisely because it is made from a top-secret formula that Pien Tze Huang is extremely rare and enjoys a monopoly. As a result, Pien Tze Huang has always had high sales volume and prices, and the profits are considerable."

Our Lingnan Group has its own traditional Chinese medicine library, which preserves more than a thousand ancient medical books, including more than eighty top-secret prescriptions.

We obtained the formula for Pien Tze Huang from these ancient medical books and secret recipes, as well as the secret formula for Angong Niuhuang Wan.

Having a secret recipe is not enough without the right medicinal materials. The reason why traditional Chinese medicine is now less effective is because of the poor quality of the medicinal materials. Many precious plants and animals cannot be used in medicine.

To this end, our Lingnan Group has invested billions of yuan to establish our own breeding bases in areas such as the Qilian Mountains in Qinghai and the Changbai Mountains in Northeast China. All raw materials are used to produce these secret medicines, including this Pien Tze Huang.

At this moment, Lin Tianhua pointed to the red box in front of him.

"Our current lawsuit was initiated by Zhangzhou Pharmaceutical Factory."

Professor Zhang, as you probably know, Pien Tze Huang is a classic medicine from Fujian. In the past, during the planned economy era, it was jointly produced by Zhangzhou Pharmaceutical Factory and Luda Pharmaceutical Factory.

Later, due to special circumstances, the state designated Zhangzhou Factory to produce the product independently.

Therefore, Zhangzhou Pharmaceutical Factory regarded Pien Tze Huang as its own product, believing that it owned all and all intellectual property rights and prohibiting others from using the name Pien Tze Huang.

Even its sister company in the province, Luda Pharmaceutical Factory, was not allowed to use it.

Our Lingnan Group believes that Pien Tze Huang is just a generic name; it can be called Zhangzhou Pien Tze Huang, Lingnan Pien Tze Huang, or Luda Pien Tze Huang.

Just like Angong Niuhuang Wan, it can be called Tongrentang Angong Niuhuang Wan, Guangyuyuan Angong Niuhuang Wan, or even Lingnantang Angong Niuhuang Wan.

According to our investigation, there are currently more than 100 pharmaceutical companies in China that hold production licenses for Angong Niuhuang Wan. Anyone can produce it and call it Angong Niuhuang Wan. There has never been any lawsuit about this.

However, when it came to Pien Tze Huang, it became the exclusive use of Zhangzhou Pharmaceutical Factory, and other pharmaceutical factories were not allowed to use it, which was rather domineering.

We all know that the name "Pien Tze Huang" alone is worth over 200 billion yuan. This is a tangible and intangible asset. Zhangzhou Factory wants to monopolize it, so naturally they sued us. That's the reason for the matter.” Professor Zhang nodded and asked:
"What crime?"

Lin Dezhi replied, "Trademark infringement."

Zhang San was a little surprised, and then somewhat confused:
"I thought it was Zhangzhou Pharmaceutical Factory suing you for manufacturing counterfeit Pien Tze Huang, but it turns out it's a trademark lawsuit. That's interesting."

According to the Criminal Law, the three crimes of infringing trademark rights are: counterfeiting registered trademarks; selling goods bearing counterfeit registered trademarks; and illegally manufacturing and selling illegally manufactured registered trademark labels.

This means that Zhangzhou Pharmaceutical Factory acknowledges that there are no problems with your Lingnantang Pien Tze Huang formula and medicinal materials, but does not approve of your use of the name Pien Tze Huang.

Pien Tze Huang is a top-secret national medicine formula.

However, this top secret refers to the prescription; the government does not care which company has the knowledge of it and which company produces the drug.

So the first thing we need to determine is whether your Lingnantang Pien Tze Huang formula is legally sourced, or whether it is indeed the authentic Pien Tze Huang secret formula.

Professor Zhang's question is easy to understand.

If the prescription is illegally obtained, that you stole it, and you can't provide evidence to prove that you obtained it legally and legitimately, then you're bound to lose the case.

If a prescription can be produced, but it is different from the top-secret prescription, then Lingnantang Pian Zai Huang will also be classified as a counterfeit drug, and the lawsuit will still be lost.

Lin Tianhua then put on gloves and carefully opened an ancient medical book, saying:
"Professor Zhang, look at this medical book, called 'Notes from Puyuan Mountain.' This book was passed down from the Ming Dynasty. It is said to have been written by the imperial physician who fled during the war. It clearly records the Eight Treasures Elixir formula, which should be the earliest record of the Pien Tze Huang secret formula."

Professor Zhang paused for a moment, then quickly looked away:

"President Lin, this prescription is too confidential for me to look at. Please cover it up immediately."

Lin Tianhua thought to himself, "He's a legal expert after all; his awareness of confidentiality and intellectual property rights is very strong." He then smiled and said:
"Professor Zhang, don't worry, we've already decided to make this secret recipe public. You can take a look at it without any problem."

Professor Zhang San turned his head and asked in surprise:
"Publicly? Mr. Lin, you probably don't know, if this prescription is real, this one prescription alone is worth tens of billions of RMB. You must be joking."

Lin Tianhua said indifferently:

"How can we file a lawsuit if we don't disclose this prescription? We will use this medical book to prove that our secret prescription was not stolen, but has medical evidence to back it up, which no one can deny."

Moreover, there's no fear of the secret formula being made public. Several of the natural herbs listed in the formula are now prohibited by law, so any investigation would be successful. Therefore, it's generally difficult for pharmaceutical companies to counterfeit it; if the ingredients are incorrect, the therapeutic effect will be drastically different.

Professor Zhang had calmed down by this point, and after a moment of contemplation, he asked:

Have ancient medical books been dated?

Lin Dezhi took a test report from the side:
"This is the conclusion reached by the authoritative department. In addition to being examined by experts in cultural relics, the entire book has also undergone carbon-14 dating, which proves that the book is from the Jiajing period of the Ming Dynasty."

Professor Zhang glanced at his student with satisfaction and nodded in praise:

"Good, Dezhi, your evidence chain is timely and very effective. With this medical book and this test report, it is equivalent to you having mastered the orthodox legality of the Pien Tze Huang secret formula."

This is easy to understand; Lingnan Hall has this Ming Dynasty medical book as a legitimate reason to possess the secret formula for Pien Tze Huang.

Then we'll see if Zhangzhou Pharmaceutical Factory can produce evidence to prove that they mastered the secret formula earlier than "Puyuanshan Notes".

At this moment, Professor Zhang spoke again:

"However, from the perspective of evidence, having this book, 'Notes from Puyuan Mountain,' is not enough, because I see that the text on it records the formula for the Eight Treasures Elixir."

Just like withdrawing money from a bank, you need to prove that your father is your father.

Now you also need to produce other evidence to prove that the Eight Treasures Pill formula recorded in "Notes from Puyuan Mountain" is the same as the formula for Pien Tze Huang.

Because the formula for Pien Tze Huang is a national secret, it cannot be made public, nor will it give you the opportunity to compare it.

Therefore, you must prove your innocence; otherwise, the opposing lawyer will definitely seize upon this point and completely deny the validity of "The Notes of Puyuan Mountain." (End of Chapter)