“Which company do you want to file these lawsuits?”

Facing this problem, Ramond was a little confused.

He said for granted: "According to custom, infringement lawsuits are brought to Apple Trading (Hujiang) Co., Ltd.."

Du Qiuming shook his head helplessly: "I knew you would mention conventions - but Ma Hesha's behavior did not infringe on the slightest rights of Apple Trade (Hujiang) Co., Ltd., what qualifications does it have as a qualified plaintiff? Ma Hesha destroyed the "computer system" and violated the integrity of computer software and systems.

However, whether it is ios or app-store, it is not within the operating authority and scope of Apple Trading (Hujiang) Co., Ltd., which is only responsible for Apple's hardware sales in China. I'm right?"

Lamond finally realized the trouble and thought to himself: "But, Apple's Greater China District itself is just a management agency, not a legal person, and cannot file a lawsuit. I also know that. So, can I let the Itunes company in Luxembourg file this lawsuit?"

Du Qiuming spread his hands helplessly: "Theoretical, Luxembourg Itunes Company has no business in China and does not belong to a company that has any business activities in China. Obviously, it is not qualified - in theory, it is not considered to have done business in China."

Many readers who do not study the law may find it difficult to understand this principle, but if you compare it with another example, you can understand it:

For example, if a player who bought a Sony PS4 game console, he bought a machine from the Chinese bank when he bought it, and then backed up it and bought a digital version of the PNS server. If one day he cracked his game console and ran some pirated digital games, but was only sold on the PNS server in Hong Kong, and then the Hong Kong server wanted to sue him for infringement, how could he sue him?

In theory, this cannot be sued. Because Sony's Hong Kong server has no right to sell anything in mainland China, all transactions are personal actions. After backing up the domestic machine, they bought it by brushing the Hong Kong server.

To put it bluntly, it is roughly a person who smuggled into Xiangjiang to buy things, and then smuggled back to China without paying taxes.

In this case, where does the Hong Kong service operating company have the right to require Chinese laws to be tried domestically in China to protect its commercial rights?

You are not a good entity qualified to do business in China at all. (Of course, if it is a non-business right, it can still be protected)

Lamond felt that the problem was being designed to be increasingly tricky and complicated.

He rubbed his hands and gave Du Qiming a straightforward answer.

"Then you say, what are the ways to prosecute this case?"

Du Qiuming raised his eyebrows slightly and said, "There is a way to let Apple's parent company file a lawsuit directly in China - so, if you want to sue, I need you to give me a power of attorney in the name of Apple Corporation.

Apple is the last general bearer of all victims, and has full operating authority in China. It is also the holder of all Apple trademarks and brands. Therefore, the reasons for prosecution in China will be very sufficient, even if it is sued in the end according to goodwill infringement."

When Du Qiuming said this, the reason was so sensible. But he obviously had more considerations in his heart.

If he could become the entrusted lawyer of Apple Corporation, even if only this time, this case.

How much improvement will it have for his personality in the industry in this life?

At that time, he will be a "lawyer entrusted by Apple". It will be very impressive when thinking about it! No matter what industry seminars in the future, would he still be regarded as the most authoritative existence?

"Apple? This is impossible!" Lamond jumped up like a burning butt, almost trying to drive Du Qiuming out,

"Are you dreaming? Let Apple Greater China District, or Apple Trade (Hujiang) come forward and sue a few natural person consumers, which is already very favorable!

Even if they lose in the end, they can use this case to gain significant social attention and gain countless exposures and topics! Don’t think that Apple Trading (Hujiang) is a small company, it is already a big company worth tens of billions of dollars! If you ask Apple’s parent company to come forward, how many people will follow the trend and cause trouble in the future? Wouldn’t Apple become a vegetable market? That gentleman would not agree!”

Du Qiuming had an expression of "empathy" and humbly accepted the facts described by Ramond.

However, he did not give in substantially.

No agreement either.

A top lawyer never tells clients that "this thing cannot be done".

If there are some things that cannot be done directly, then why do you need a top lawyer like this?

A top lawyer will always only tell the client: If you change to another applicable law and another path, then you can still do it. But what other costs you have to pay...

If there is no road, you have to go to create a road. This is the top lawyer.

Du Qiuming said frankly: "If you insist, of course there are other solutions - I will give you a solution: First, transfer all trademark rights registered by Apple in China, and even other transferable goodwill rights to the subsidiary of Apple Trade (Hujiang). Then, immediately go to the industrial and commercial and other departments to expand the operating rights of Apple Trade (Hujiang) in China. If it really doesn't work, then urgently prepare a bunch of licenses and partners with complementary licenses... and then it's almost done."

At first, when he heard about other plans, Ramond felt relaxed. Unfortunately, as he heard Du Qiuming talk more and more, he became more and more rigorous, and his mood became hesitant again.

"How much time and other costs will be required to do this? And can you guarantee that after doing this, everything will be done?" Ramond's voice trembled slightly hesitantly.

He seemed to need Du Qiuming to encourage him with a guarantee.

However, Du Qiuming gave him a cruel blow:

"It's hard to say, if Feng Jianxiong is stupid enough, that's fine. If he is as smart as me, knows everything, and thinks from the perspective of others. Then, he can stop infringement in the process of obtaining these rights by Apple Trade (Hujiang). Hesha can stop infringement, delete all Weibo posts that show infringement, and stop the battle.

When I help you file a lawsuit, he can apply for dismissal of the lawsuit on the grounds that "the possible infringement even if it happens, it does not happen during the period when Apple Trade (Hujiang) has rights", and then apply for dismissal of the lawsuit on the grounds that the subject of the lawsuit is not qualified. Therefore, you still have to bet on what I think of, Feng Jianxiong could not have imagined."

This is obviously a very dangerous bet.

Ramonds gave up again and again.

In other words, he decided to decide the situation in China, and let the above decide.

"I'll ask for instructions from the United States again." When Ramond spoke, his voice was dry and as if his vocal cords were stuck.

Du Qiuming showed a sympathetic expression, but secretly thought in his heart: Humph, I never need to tell customers that "this thing can't be done". It's always the case that the customer finds that the alternative solution is more expensive, and then takes the initiative to choose the path I gave at the beginning.

This, I can't blame you.

...

No one knows what happened in the next few days on the ocean, nor does he know that this kind of argument is not big, but no one is willing to take responsibility for decision-making. In the end, he was caught by the tyrant Jobs himself one day.

Anyway, after a game, the decision from the other side of the ocean was: There is no problem with authorization, so let Apple Corporation be the subject of the lawsuit.

Just fight quickly!

When Du Qiuming got all the required commission materials, he almost jumped up excitedly.

After 20 or 30 years of intellectual property legal circles in Sijiucheng, I finally received a commission from a top 10 companies in the world at the level of Apple!

The highest moment of his life has finally come!

Although the content of the lawsuit is just a small lawsuit that accuses the other party of infringement such as destroying computer information systems.

Many years later, when he thought of this moment regretfully, he realized that he had not realized at that time that he had actually become a character who helped Feng Jianxiong's super powerful aoe output magic and attract monsters.

The scene was like the sad and blood-colored monastery atrium in the setting sun. A warrior was covered in scars and wounds, dragging dozens of ghouls/resentful spirits to stagger forward (and also had milk riding next to her milk).

Then, a mage with full talent for the Aoshu Explosion Technique suddenly emerged from the grass, and a bunch of instant Aoshu Explosion Techniques were cleaned up.

Unfortunately, this warrior who attracted monsters and the mage who cleared the field was not in the same team (well, although this situation could not happen in wow). The warrior's original intention was to hope that the mage would be torn to pieces by the ghouls.

Say less nonsense.

After just one week, Du Qiuming made preliminary preparations and took his team to Jinling in person and submitted a complaint.

The relevant case filing staff of the Civil Court of Jinling Intermediate People's Court saw the high-profile apple on the power of attorney, and almost immediately attached great importance to it, and showed the efficiency of doing things for foreigners, and everything was expedited.

However, no matter how serious Du Qiuming is, how much the court cares. Ma Hesha or Feng Jianxiong behind him seems not to pay much attention to this matter.

According to Article 113 of the Civil Procedure Law, after receiving the complaint and deciding to file a case, the court shall deliver a copy of the complaint to the defendant within 5 days. The defendant shall give a defense certificate within 15 days from the date of receipt.

Of course, the law does not stipulate the consequences of the defendant not submitting a defense letter. It just means that the defendant’s failure to submit a defense letter to respond will not affect the court’s trial.

In other words, in judicial practice, if the defendant is not concerned, ignores and does nothing, the court has to wait 15 days before arranging the first trial and notifying both parties.

Because it was for foreign masters, the court only took 1 day for 5 days to legally give to the court. It is said that even SF Express did not dare to use it, for fear of delay. Instead, two staff members drove to Xianlin University Town in person to find the campus of Jinling Normal University, then inquired about Ma Hesha's movements, waited for her to get off get out of class, blocked people at the door of the classroom, handed the copy of the complaint to the girl, and asked her to sign the prison.

They also verbally suggested that Ma Hesha defend her as soon as possible.

This service attitude is really great.

Unfortunately, Ma Hesha did not intend to submit a defense letter.

She glanced at it casually and threw it away.
Chapter completed!