D.卡尔顿 罗西
D. Carlton Rossi

Jinfeng Plagarism Case




                                  





孙大午

10月12日 21:10 来自 iPhone 6s Plus

相信司法会公正公平的对待民营企业知识产权!




Sun Dawu

October 12 21:10 from iPhone 6s Plus

I believe that the Judiciary will treat the intellectual property rights of private enterprises fairly.



The technical achievements of Dawu Jinfeng were plagiarized, and the Beijing Intellectual Property Court has filed a case!

Dawu Breeding Company Dawu Breeding Company 9/12

Regarding the plagiarism of the "Dawu Jinfeng" cultivation technology, the Dawu breeder company repeatedly complained to the relevant departments. In order to safeguard the legitimate rights and interests, our company filed a lawsuit in Beijing Intellectual Property Court in September 2019--prosecution of Beijing in the case of the violation of technical secrets by Huadu Yukou Poultry Industry Co., Ltd. and Professor Yang Ning was accepted by the court.

After 10 years of scientific exploration and experiment, Dawu Breeding Company successfully developed the breeding method of the red-feathered eggshell chicken supporting system, and applied this method to successfully cultivate the “Dawu Jinfeng” laying hen system. Professor Yang Ning, as the leader of the pilot group of the “Dawu Jinfeng” laying hens supporting system, the team leader of the new variety on-site auditing team and the honorary dean of the Dawu Poultry Research Institute, fully grasped and obtained from the Noon (with the convenience of his position) the technical secrets of the poultry company. After Professor Yang Ning cooperated with Qikou Company, he launched the Jingfen No. 6 in a very short time with the company as the first person.

The behavior of Professor Yang Ning and Qikou Company seriously infringed on the legitimate rights and interests of the Dawu Breeding Company and caused huge losses to the Dawu Breeding Company. We firmly believe that justice may be late, but will never be absent!



大午金凤技术成果被剽窃,北京知识产权法院已立案! 大午种禽公司 大午种禽公司 9/12

关于“大午金凤”培育技术成果被剽窃事件,大午种禽公司多次向相关部门投诉未果, 为维护合法权益,我公司已于2019年9月向北京知识产权法院提起诉讼--起诉北京市华都峪口禽业有限责任公司、杨宁教授侵害技术秘密一案,法院已立案受理。

大午种禽公司历经10年科学探索与试验,成功研发了红羽粉壳蛋鸡配套系的培育方法,并应用该方法成功培育“大午金凤”蛋鸡配套系。杨宁教授作为“大午金凤”蛋鸡配套系中试论证专家组组长、新品种现场审定专家组组长及大午家禽研究院名誉院长,利用职务便利完全知悉和获得了大午种禽公司的技术秘密。后杨宁教授与峪口公司合作,以第一完成人的身份与峪口公司在极短时间内推出了京粉6号。

杨宁教授与峪口公司的行为严重侵害了大午种禽公司的合法权益,给大午种禽公司造成了巨大的损失。我们坚信正义可能会迟到,但绝不会缺席!


You may believe that it is highly improbable that Dawu Group will be successful in defending its intellectual property. Ninety-nine per cent of such cases do not succeed in the mainland. Keep in mind though that Dawu Group did win its trademark case a few years ago regarding the name of its liquor which included the name "Dawu". The issue had gone to the Supreme Court. 

Why will Dawu Group be successful in its court proceeding with the Dawu Jinfeng plagarism case? One reason for success is that the company is under the direction of SUN Dawu. He doesn't have an "iron rice bowl" of the state. Rather, he has an "iron will" to further the interests of Dawu Group--a company he founded thirty years ago.

The second reason is that Dawu Group established a Private Entrepreneurial Constitutional system in 2004. The company is run by a constitution modelled on the British, American, and French constitutional systems as well as the ancient legal system of China. While the system is private it provides a successful model for the rest of China in the private realm. Nevertheless, its constitution is compliant with, in agreement with and follows forthwith the constitution of the People's Republic of China. Plagarism is neither allowed by the private constitution of Dawu Group or the public constitution of China.

Another reason that one should not rule out a successful outcome in the case of Dawu Group is that its legal team involves a who's who of constitutional lawyers in China. Just look at the group of lawyers and experts from all over China who attended the plagiarism conference at Dawu Group on October 11, 2019. They include JIANG Ping who is China's leading and best known constitutional lawyer.

While legal issues will predominate in any court proceeding one must realize that the constitutional system is ultimately based on Confucian ethics. SUN Dawu is a firm adherent and promoter of morality based on the family. Plagiarism which is tantamount to stealing is not acceptable behaviour in either the unit of the family or the State as a family. Plagiarism of the Jinfeng system developed and owned by Dawu Group represents corruption.




Dawu Liquor Article


https://www.weibo.com/ttarticle/p/show?id=2309404399725838205088 


One of several website articles on Dawu Liquor Suit










           




"China's Private Economy Intellectual Property Protection Seminar" was held in Dawu Group

2019-10-12 14:37:47

People's Daily News Market

Online Click:205094 times



People's Daily newspaper market newspaper Hebei version (correspondent Yang Jun) at 9:00 am on October 11th, "2019 China Private Economy Intellectual Property Protection Seminar" was held at Holiday Inn Hotel, Hebei Dawu Group.

Jiang Ping, Mao Yuqi, Zhang Shuguang, Zhang Shaoyan, Zuo Jianwei, Xiong Wenqi, Wei Hong, Shi Xiuyin, Shi Chao, Chen Jian, Bai Lin, Yang Jitang, Wang Shujing, Zhao Weihua, Pang Hongbin, Zhu Tao, Tong Dahuan, etc. More than 40 domestic well-known law and economics Professors of sociology and media people attended the meeting. Sun Dawu, Chairman of the Board of Superintendents of the Dayu Group, Liu Ping, General Manager and Deputy General Manager Qi Fengyu attended the meeting. The meeting was chaired by the Vice President of the Beijing Reform and Development Research Association and the legal advisor of the Dawu Group. Professor presided over.

At the meeting, Liu Ping, general manager of Dawu Group, introduced the R&D and cultivation process of Dawu Jinfeng and the process of joint plagiarism by well-known scientists and state-owned enterprises. Pang Hongbin, a lawyer of Lianggao Law Firm, introduced the filing process of “Dawu Jinfeng Case”. Experts and scholars used this as an entry point to discuss the legal issues, evidence issues, strategic issues of the case, and the legal system construction of private enterprise intellectual property protection, and made suggestions for the intellectual property protection of private enterprises. Value opinions and suggestions.

Sun Dawu, Chairman of the Board of Superintendents of Dawu Group, stressed that the effect of this meeting is very good. Our country should create a relaxed environment, reduce the approval process and control over innovation, and strengthen the supervision of the results. It is easy to breed corruption when it is approved, and it can gain fame and fortune when it is approved. Because of this limitation, companies are hard to innovate. We call on our country to start with market rules, reduce approvals, and reduce validation.

In the summary, Professor Zhang Jing of Dawu Group Legal Consultant pointed out that experts and scholars can gather from Beijing, Tianjin, Shanghai and other places to Dawu Group to participate in the IPR seminar of Chinese private enterprises, with the “Dawu Jinfeng Case” as the cut-in At the same time, a very heated discussion was made. In addition to discussing the Dawu Jinfeng case, it also reflected concerns about the national and university research evaluation system and the academician selection system. From the perspective of motives, the infringing party of the "Dawu Jinfeng Case" has both good and evil, or is the first good and the bad, the transformation of good and evil has the elements of desire, and the persecution from the system. It is "pressure type violation." The lawsuit should continue to be played. The significance lies not only in the legal protection of the intellectual property rights of private enterprises, but also in the deep reflection on the reform of the university system and the reform of the academician selection system.

At 6:00 pm, “2019 China Private Economy Intellectual Property Protection Seminar” was successfully concluded.







“中国民营经济知识产权保护研讨会”在大午集团召开

2019-10-12 14:37:47 人民日报社市场报网络版 点击:205094次 人民日报社市场报网络版河北讯(通讯员 杨俊)10月11日上午9:00,“2019中国民营经济知识产权保护研讨会”在河北大午集团假日酒店召开。

江平、茅于轼、张曙光、张绍彦、左坚卫、熊文钊、魏宏、石秀印、史朝、陈建、白林、杨积堂、王树京、赵卫华、庞鸿斌、朱涛、童大焕等40多位国内知名法学、经济学、社会学教授专家和媒体人出席会议,大午集团监事长孙大午、总经理刘平、副总经理靳凤羽参会,会议由北京改革和发展研究会副会长、大午集团法律顾问张荆教授主持。

会上,大午集团总经理刘平介绍了大午金凤研发培育过程及被知名科学家和国有企业联合剽窃的经过,两高律师事务所律师庞鸿斌介绍了“大午金凤案”的立案过程,各位专家学者以此为切入点,就案件的法律问题、证据问题、策略问题,以及民营企业知识产权保护的法制度建设等方面开展研讨,并为民营企业知识产权保护献计献策,提出了有价值的意见和建议。 大午集团监事长孙大午强调,这次会议的效果很好,我们国家应该创造宽松的环境,减少审批程序和对创新的控制,应该加强对结果的监督。审定就容易滋生腐败,审定就可以获得名利。因为有这种限制,企业就很难创新。呼吁我们国家应该从市场规则着手,减少审批,减少审定。 大午集团法律顾问张荆教授在总结中指出,各位专家学者能够从北京、天津、上海等地汇聚到大午集团,参加中国民营企业知识产权研讨会,以“大午金凤案”为切入点,做了非常热烈的讨论,除了探讨大午金凤案之外,也反映出对国家、大学科研评价体系,以及院士评选制度的忧虑。“大午金凤案”的侵权当事人从动机的角度看,既有善又有恶,或者说是先善后恶,善与恶的转变有欲望的要素,也有来自体制的逼迫,学界将其称之为“压力型违法”。这场官司应该继续打下去,其意义不仅在于对民营企业的知识产权的法律保护,还会引起人们对大学体制改革和院士评选制度改革的深度反思。

下午6:00,“2019中国民营经济知识产权保护研讨会”圆满结束。