历史上关于广纳贤才的故事(当今奇人周兴和励志小说连载之四十三)

天方夜谭的故事

Story of Arabian Nights

周兴和发明的环保轻型建材,不像发明原子弹和核燃料那样,属于国家绝密工程和专控物资,一般人想见一眼都不容易,更不要说有仿冒侵权之忧了。

For Zhou Xinghe’s invention of lightweight environmental protection building materials, unlike the invention of atomic bomb and nuclear fuel, which belong to the country's top-secret project and special controlled materials, it is not easy for ordinary people to see a glance, not to mention the worry of counterfeiting and infringement.

其它商品则不然。

Other goods are not so.

当今社会,无论药品食品,无论衣袜鞋帽,假冒伪劣商品那是层出不穷俯拾皆是。报载,有一段时间,市场上“茅台”、“五粮液”之类的高档酒,有47%为假冒,“中华”、“云烟”之类的高档烟,有50%为伪劣品。

In today's society, regardless of the medicine, food, clothing, socks, shoes and hats, the fake and inferior commodities are endless and abound. It was reported that at one time, 47% top-grade liquor on the market, such as "Moutai" and "Wuliangye", were counterfeit, while 50% top-grade cigarettes, such as "Chunghwa" and "Yunyan", were counterfeit.

周兴和发明的以秸秆为原料的建材,从1993年起就申请了国家专利。到2001年,他已先后获得了9项国家专利。但先前,这些专利“藏在深闺无人识”,还很少招蜂引蝶。1998年,由于“秸秆轻体墙材”在亚太广场使用、“秸秆综合利用”项目在四川省科技项目招标时中标后,社会上不少窥测方向,幻想着一夜暴发的人,一看这个项目原来有如此巨大的市场潜力——哦,秸秆,那漫山遍野不都是么?你周兴和能搞出来应用,我就不能搞出来卖钱么!

Zhou Xinghe invented the building materials with straw as raw materials, and had applied fornational patent since 1993. By 2001, he had obtained nine national patents. But previously, these patents were "hidden in the closet" and rarely attracted attention. In 1998, as the "lightweight straw wall material" was used in the Asia-Pacific Plaza and the "comprehensive straw utilization" project was awarded in the bidding of Sichuan Science and Technology Project, many people in the society, who had a glimpse of the development direction and fantasized about the overnight explosion, saw that this project had such a huge market potential - well, the straw, wasn't it all over the mountains and all over the fields? If Zhou Xinghe could come up with the application, so could I come up with and make money!

于是侵权仿冒之风,像河滩上的野草一样迅速蔓延开来。

So, the infringement imitation wind, like the wild grass on the beach, quickly spread.

曾几何时,在中国这块土地上,知识产权似乎就是一壶白开水,谁都可以敞开喝几杯。所以,社会上种种怪状就令人防不胜防:一本正版的图书定价100元,而盗版的书只卖10块钱;一张正版的光碟卖20元,而盗版的只需卖2块钱。

Once upon a time, the intellectual property in China seemed like a pot of plain boiled water that anyone could drink freely. So, it's hard to avoid all kinds of odd social phenomena: a legitimate book costed 100 yuan, while a pirated one just costed 10 yuan; a legitimate CD costed 20 yuan, while a pirated one only costed 2 yuan.

1999年底,四川迅速就出现了2家以仿冒星河公司产品的厂家出现。到了2004年10月,据不完全统计,在不到5年时间里,全国侵权厂家就达到747家!这些侵权厂家,以为生产秸秆建材就像吹糖人那般容易,比着葫芦画瓢,只要弄成型就是了。于是,各种假冒伪劣产品,鱼目混珠泥沙俱下,根本达不到产品质量要求,严重扰乱了市场。

By the end of 1999, two counterfeit manufacturers of Xinghe products had sprung up in Sichuan. In October 2004, according to incomplete statistics, in less than 5 years, the national infringement manufacturers reached 747! These infringement manufacturers thought that produced the straw building materials was dead easy, just as long as making the appearance looking like. Therefore, a variety of fake and inferior products, as a mingling of good and bad, did not meet the quality requirements of the product, and seriously disrupted the market.

非但如此,一些厂家除了大规模生产产品外,还明目张胆大量“转让”所谓“专利”。成都一家叫“金橙”的公司,凭借他们的社会背景,在全国迅速发展,仅低价转让“专利技术”就达98家!由于这些厂家没有核心技术,产品生产出来后,不到3年就出现一系列的质量问题:变质、发霉、变软、裂纹、反卤、结露等——试想,用这些存在严重质量问题的墙材来修建房屋,那将会危及多少老百姓的生命财产安全啊!

Moreover, some manufacturers in addition to mass production, but also blatantly "transfered" the so-called "patents". A company named "Jincheng" in Chengdu, relying on their social background, had been developing rapidly in the whole country, with 98 branches transferring the "patented technology" at a low price! Because these manufacturers did not have the core technology, the products had a series of quality problems, less than three years after the production: deterioration, mildew, softening, crack, anti-halogen, and condensation, etc. - just thinking, it will endanger the life and property safety of how many people with these wall materials of serious quality problems to build houses!

尽管周兴和对某些法院不抱太大的幻想,但他也只能依靠法律来解决这些问题。一来他要维护自己的合法权益,二来他要为不明真相的老百姓讨个说法。

Although Zhou Xinghe had little illusions about some courts, he could only rely on the law to resolve the problems. On the one hand, he wanted to protect his legitimate rights and interests; on the other hand, he wanted to ask for an explanation for the ordinary people who did not know the truth.

但,这无疑又是一场惨烈的拉锯战。

But it was no doubt that it would be another vicious seesaw battle.

1999年,星河公司将侵权的绵阳一家叫“高强”公司告上法庭,官司历时1年多,法庭判高强公司侵权,停止生产,赔偿星河公司经济损失3万元。可,高强公司根本不执行法院的判决。1年之后,星河公司向法院申请强制执行,可不知什么原因,法院就是按兵不动。究其原因,他们通过案外人告诉周兴和,要法院执行可以,但必须先支付2万元的辛苦费和汽油费。本来赔偿款才3万元,在诉讼过程中的律师费和诉讼费,星河公司已支出了20余万元——你说,还怎么叫他们去强制执行?

In 1999, Xinghe Company sued a Mianyang company called "Gaoqiang" for infringement. The lawsuit lasted for more than one year. The court ruled that Gaoqiang company infringed, and shall stop production and compensate Xinghe Company for the economic loss of 30,000 yuan. However, Gaoqiang company did not enforce the court's judgement at all. A year later, Xinghe Company applied to the court for enforcement, but for some reason the court did nothing. The reason, they told Zhou Xinghe through outsiders, it was ok for the court to enforce, but you must firstly pay 20,000 yuan as the hardwork and gasoline fees. The original compensation was only 30,000 yuan, but during the process of litigation, Xinghe Company had already spent more than 200,000 yuan in the lawyers' fees and legal costs. How could they ask to enforce it in this way?

如此,这家公司大概视法律无非是场儿戏,于是干脆更名为“仁和公司”,继续侵权生产仿冒产品,而且规模越来越大。

Thus, Gaoqiang company probably regarded the law as no more than a joke, so it changed its name to "Renhe Company" and continued to produce the counterfeit products in violation of the law and on a larger and larger scale.

同样,第二家侵权的金橙公司生产规模更大,他们侵权的手法与绵阳的高强公司完全一样,且在全国范围内大规模转让给客户,他们转让的所谓“专利技术”,超过星河公司1倍多——太有恃无恐明目张胆,周兴和一怒之下,2000年下半年,又将金橙公司告上法庭。

Similarly, the infringement of the second company Jincheng had a larger scale of production; their infringement practices were exactly the same as Gaoqiang company in Mianyang, and transferred across the country to the client in large scale. The transferred so-called "patent technology", was 1 time higher than Xinghe Company - too blatant, Zhou Xinghe was in a rage, and took Jincheng company to court in the second half of 2000.

历史上关于广纳贤才的故事(当今奇人周兴和励志小说连载之四十三)(1)

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