A doctor who travels through two eras

Lin Dezhi was a little unconvinced at this point:

“That’s not right, Teacher Zhang. We’ve checked, and Luda Pharmaceutical Factory was producing and selling Pien Tze Huang under the name ‘Babao Dan’ back then.”

Later, Zhangzhou Pharmaceutical Factory sued them, saying that Babao Dan was the same as Pian Zai Huang and that Ludao Pharmaceutical Factory was not allowed to use the name Babao Dan.

We can use their own methods against them. You said that Babao Dan is Pian Zai Huang, so since we have already presented the Babao Dan formula, doesn't that mean we are acknowledging the record in "Puyuanshan Notes"?

Aren't they contradicting themselves?

Professor Zhang smiled, shook his head, and said:
"The problem is that my country is not a common law country."

Lin Dezhi was taken aback when he heard this.

Case law is the primary source of law in Western legal systems, as opposed to the codified or statutory law of civil law systems.

The basic principle of case law is "following precedent".

That is, when a court hears a case, it must use previous court precedents as the legal basis for its hearing and judgment;
If a case of the same or similar nature is encountered again, and no new circumstances or more sufficient reasons are presented, a judgment contrary to or inconsistent with the previous judgment shall be made.

Until one day in the future, the Supreme Court makes a different ruling in another similar case.

Simply put, in the same or similar cases, how other judges ruled is a reference point, and subsequent similar cases should follow the previous judgments.

The advantage of doing so is that it maintains legal stability and continuity, helps the public accurately predict the legal consequences of their actions, and enhances judicial transparency.

Because my country is not a common law country, there are no such restrictions in the specific case concerning Lingnan Hall.

For example, Zhangzhou Pharmaceutical Factory sued Ludao Pharmaceutical Factory. Zhangzhou Factory claimed that Babao Dan was the same as Pian Zai Huang, and then won the lawsuit.

However, if they sue Lingnantang, Zhangzhou Pharmaceutical Factory will say, "How can you prove that Babao Dan is Pian Zai Huang?"

You said that your Zhangzhou Pharmaceutical Factory made those statements back then, and there are precedents; that's the evidence.

But the lawyers for Zhangzhou Pharmaceutical Factory will argue that that was another case and had nothing to do with this one.

That's just how damn messed up it is.

Upon hearing Professor Zhang's words, Lin Dezhi was not discouraged at all; instead, he wore an expression of complete confidence.

"Haha, Teacher Zhang, luckily we were well prepared, otherwise we might have really suffered a big loss in this legal debate."

Teacher Zhang, look, this ancient medical book is "Longxi Fang Ge Kuo" written by Lu Dazhong, a famous physician from Minjiang, during the late Ming and early Qing dynasties.

Look at this page; it records the origin of the folk name for Pien Tze Huang, and it clearly states that Pien Tze Huang is another name for Ba Bao Dan.

Professor Zhang took the ancient book and carefully perused it, becoming quite astonished:
"Impressive. You even managed to find such obscure ancient medical books. It seems you've made ample preparations."

Lin Dezhi then picked up the third medical book and said smugly:

"Teacher Zhang, here is also a Buddhist medical book from the Qing Dynasty called 'Nanshan Medical Prescriptions,' which also clearly records that the Eight Treasures Pill was originally in the hands of Nanshan Temple."

Later, during the Republic of China era, a monk named Yanhou returned to secular life. At that time, he obtained the formula for the Eight Treasures Elixir from the temple, which probably wasn't considered a high-end or top-secret medicine at the time.

Then, after the monk Yanhou went to the countryside, he opened a pharmaceutical factory to produce Babao Dan (Eight Treasure Pills), and even gave it a brand name, selling it as "Monk's Hat Brand" Pian Zai Huang. This is clearly recorded in the book *Nanshan Medical Prescriptions*.

Lin Tianhua then added:

"Another piece of evidence is that in 1956, the relevant departments felt that the 'monk's cap plaque' had the meaning of promoting feudal superstition, so it was renamed the lychee plaque."

After carefully studying the three medical books, Professor Zhang finally spoke:

“The three ancient books can corroborate each other, and you have also tested their age, which can serve as a complete chain of evidence.”

The explicit records of Pien Tze Huang under the names "Monk's Hat" and "Lychee" further prove that Pien Tze Huang is merely a generic name, not a trademark, and is not protected by law.

But Mr. Lin, and Dezhi, you need to understand that sometimes… well… there are too many external factors. Just because someone has evidence doesn't mean the final verdict will necessarily be in their favor.

Take the example of Luzhou Pharmaceutical Factory that you just mentioned. Back then, they were indeed two major pharmaceutical companies producing Pien Tze Huang, and they both possessed the 'genuine Pien Tze Huang formula.' So why did they lose the lawsuit again and again?"

Lin Tianhua and Lin Dezhi exchanged a glance, their confident expressions instantly turning serious.

Professor Zhang leaned back on the sofa and said with a wry smile, "So, from my professional perspective, your evidence is solid and very strong. You have no problem winning this lawsuit. But you two must be mentally prepared."

Why am I not optimistic? Because I've seen too many gray areas.

Before coming here, I also used my connections to inquire why Zhangzhou Pharmaceutical Factory would suddenly become so determined to fight against Lingnantang. There's probably more to it than just business competition.

As a top legal expert in China, Professor Zhang San has good relationships with all the legal teams in the country, and many of them are even his students.

There's almost nothing he can't find out if he wants to.

Lin Tianhua didn't show the expected worry upon hearing this; instead, he chuckled as if it didn't matter.

Professor Zhang was a little puzzled, wondering who was backing the Lingnan Group? What made them so confident in their position?
Lin Dezhi was not a core figure in the Lingnan Group, and he was equally puzzled by Uncle Shi's relaxed demeanor.

After seeing off Professor Zhang, the "foreign aid," he rushed back.

Lin Tianhua was texting Lin Sanqi on his phone when he saw Lin Dezhi come in and casually asked:
"Has Professor Zhang's hotel been arranged?"

"It's all arranged. I'll have Teacher Zhang rest at the XX Hotel downstairs first, and then we'll invite him to dinner together tonight."

Lin Tianhua nodded, casually sending messages while smoking a cigarette:

“Professor Zhang’s fee is higher. Although we can’t hire him as our legal counsel, it is still very useful for him to give us advice and check the legal aspects in private.”

Lin Dezhi looked around to make sure no one was watching before asking softly:

"Uncle, Teacher Zhang just said that someone is targeting our Lingnan Group. Why don't you seem nervous at all?"
Although Teacher Zhang didn't say it explicitly, the fact that someone had the audacity to acquire a large company with over 10 billion yuan in tax revenue suggests that the other party must be someone of considerable influence.

Lin Tianhua paused, looked up at his nephew, and chuckled:

"Zhi-zai, what's there to be so nervous about? Let me test you, what are the core assets of our Lingnan Group?"

Without hesitation, Lin Dezhi replied, "It's ginseng and cordyceps."

Lin Tianhua chuckled and exhaled a smoke ring, saying:

"Yes, it's ginseng and cordyceps, but all the procurement channels for these two businesses are in Qi Zai's hands, and all the inventory is also in Qi Zai's hands. Based on these two points alone, we are already in an invincible position, and no one can take it away from us."

Furthermore, Zhangzhou Pharmaceutical Factory is too naive. They think that if they fight a trademark lawsuit against us for Pien Tze Huang, they can cause great harm to our Lingnan Hall and make us suffer a severe blow.

Let me tell you something: Pien Tze Huang's transaction volume and profit are less than one percent of our company's. Do you understand what I mean? Pien Tze Huang's business is far less important than everyone thinks.

So you see, Seven isn't nervous at all. He's still eating, drinking, and having fun in Europe. If I don't contact him, he never even asks about this lawsuit.

If the boss isn't worried, then we certainly don't need to worry either.

Lin Dezhi was not only not enlightened, but even more confused:

"Uncle, that's not right either. Since the Pien Tze Huang business isn't important, why don't we just shut down Pien Tze Huang production? Wouldn't that save us a lot of trouble?"

Lin Tianhua burst into laughter upon hearing this:
"You're wrong again. We have to fight this lawsuit, and we have to fight it fiercely. Even if we're prepared to lose, we have to see it through to the end. There are two reasons for this."

One is that Pien Tze Huang is just the beginning.

Just watch out, in the next few years, your legal department will be the busiest department. If you lose the case against Pien Tze Huang, we will be sued by countless domestic pharmaceutical companies, or even targeted for extortion.

Therefore, for the sake of the group's honor and to avoid future troubles, we are fighting this lawsuit fiercely, sparing no expense and not afraid to spend huge sums of money, just to make our stance clear: Lingnan Group will never compromise.

In addition, as Qizai has said before, filing a lawsuit is also a form of corporate publicity.

Our Pien Tze Huang uses higher-quality ingredients, all of which are natural medicinal materials. For example, we use natural musk, bezoar, and wild ginseng from Northeast China.

The raw materials used by Zhangzhou Pharmaceutical Factory are all synthetic products or cultivated ginseng. Compared with ours, their therapeutic effects are worlds apart.

So once this lawsuit is filed, everyone will know that Lingnantang also produces Pien Tze Huang. Then we can hire online trolls to hype it up, saying that Lingnantang Pien Tze Huang is more effective and that Zhangzhou factory's Pien Tze Huang is all garbage.

Even if we lose the lawsuit, we'll still gain reputation and sales. In the boss's words, that's called self-promotion, haha. (End of Chapter)