What's wrong with this lawyer?!

This is the difference between lawyers.

After Tang Fangjing emerged as a formidable force, the impressive lawyers began studying his invincible tactics.

On the contrary, those less competent lawyers kept claiming unfair competition from the other side, saying their livelihoods were being taken...

When some people see a colleague succeed, their first thought is to learn.

Others choose to suppress the opponent, as they are too comfortable in their comfort zone and no longer wish to learn.

"Returning to this case, you now see, he didn't use our traditional point-by-point comparison method, instead he created a logical closed loop through criminal means."

"We commercial lawyers usually don't handle criminal cases, and at this moment, we easily fall into a dilemma, as if whatever we say is questioning the criminal judgment."

"This is the opponent's tactic, we cannot question it, and thus he wins, gaining control of the case."

"Therefore, to deal with Tang Fangjing, we must act disorderly; you play your game, I play mine!"

Jie Jianbin finally revealed his core idea; in past litigations, the plaintiff makes a move, the defendant counters.

But now, he wants to do the opposite: When Tang Fangjing strikes, he does not respond, but delivers a punch back!

His entry point is based on the fourth item of Article 9 of the "Anti-Unfair Competition Law":

As referred to in this Law, commercial secrets mean technical information, operational information, or other business information that is not known to the public, has commercial value, and has been kept confidential by the rights holder.

Legal wording must be precise; all conditions above must be met to be considered a commercial secret.

The first entry point: not known to the public.

In layman's terms, it means other people do not know.

"My understanding of not known to the public is that the information is not widely known or easily acquired by those in its field." Jie Jianbin continued.

"Widely known and easily acquired, in my opinion, doesn't require the information to necessarily be known or acquired by any specific person."

"As long as this relevant information is in a state where personnel in its field can know it if they wish or can easily acquire it, or personnel in its field can obtain or learn the information without much effort, it can be deemed widely known or easily acquired by personnel in the field."

"In such a situation..."

A lawyer in the team chimed in: "Invention patent!"

Jie Jianbin smiled and replied: "An invention patent is just one point, it can be mentioned, but there are other points."

"For example, this morning I inquired with a deputy general manager of Dajin Company, their initial project had an annual production capacity of 58,000 tons."

"Whereas in this case, the technological secret has a production scale of 50,000 tons annually."

"Additionally..."

Such cases are never simple tasks; legal work must be done, and likewise, Jie Jianbin began making phone calls, instructing Dajin's technical staff to start searching for some public information.

This includes but is not limited to public papers, reports, literature, and similar technologies from other companies with an annual production capacity of 50,000 tons or more.

The goal is to conduct a technical comparison to prove Tengfei Company's technology does not have confidentiality.

The second entry point is whether this content has commercial value; if it does not have commercial value, it naturally cannot be considered a commercial secret.

As long as they can find other more mature technologies with higher annual production at that time, they can align with that.

Besides, Jie Jianbin clearly understands that against Tang Fangjing, he absolutely cannot defend passively; he must attack to disrupt the opponent's rhythm.

Therefore, very quickly, Dajin Company's President Qiao had a task: based on the patent infringement judgment between them and Tengfei Company at the time, to apply to the authorities for invalidation of the patent!

Recognition is one thing, but when it comes down to action, Jie Jianbin will not show any leniency.

This is professional attitude.