Amendment Of Drug Involvement In Investment Litigation

"We believe

In 2008, Li Haiyan, a resident of Chai Dian town in Honghe Prefecture of Yunnan Province, signed a contract of joining the company with the Yunnan Pu AI Pharmaceutical Co., Ltd. (hereinafter referred to as Yunnan Pu AI), known as the Limited by Share Ltd of the pharmaceutical group Limited by Share Ltd.

After the membership fee is handed in, the medicine is not seen.

After repeated claims were fruitless, Li Haiyan brought Yunnan's general love and the amendment medicine to court.

Li Haiyan, Attorney General of Yunnan Lingyun law firm He Xuehua, said that from revising the contract signed by the pharmaceutical industry and Yunnan Pu AI, the pharmaceutical industry should be jointly and severally liable for amendment.

Together with Li Haiyan, there are 61 other franchisees who will take the drug industry and Yunnan's love court to court.

According to the "daily economic news", the court has finished the trial in October 11th. Once the ruling is favorable to the franchisee, the amendments will also face more than 100 other suits, involving more than 10 million yuan.

In April 2008, by chance, Li Haiyan met the regional leader of Yunnan Pu AI in Honghe Prefecture.

The responsible person promised her that as long as the deposit was paid 70 thousand yuan, the pharmaceutical industry would be renovated and distributed free of charge for the franchisees. After the development was completed, joining the chain store would be equivalent to modifying the staff of the pharmaceutical industry and enjoying better welfare benefits.

In September 2008, Yunnan Pu loved to decorate her shop.

But after several months, drug distribution is always on the road.

At the beginning of 2008, there was a lot of problems among franchisees in Yunnan's PU AI business. Many franchisees could not get the goods and began to rush to the market.

Since then, no drugs have been received from Pu AI, Yunnan.

Another franchisee Shi Long worked in Kunming. In May 2008, he paid 80 thousand yuan to join the club, and spent another 95 thousand yuan to rent the shop and decorate it.

However, Pu AI has been repeatedly urging no delivery on the grounds that the pharmaceutical fund is not in place. So far, Shilong has lost nearly 200 thousand yuan.

Shi Long told reporters that at present, they have gathered more than 200 franchisees to join the corrections hall. Some of the franchisees are still on the sidelines, and only 62 people have filed a lawsuit.

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Joint and several liability disputes

Is there any joint liability in the pharmaceutical industry?

The franchisee told the daily economic news reporter that when they were in contact with Yunnan Pu AI, the other side appeared in the face of the revised pharmaceutical subsidiary. The first page of the contract was also signed with the words "revision of the chain pharmacy contract". Apart from the signing of Yunnan Pu AI in the stamped column, everyone else believed it was a revision of the pharmaceutical subsidiary.

Amendments to the relevant pharmaceutical industry rejected the daily economic news reporter's interview.

Reporters found that the official website of the revised pharmaceutical industry showed that in 2008, the company had indicated that it would establish as many as 5000 chain drugstores in 12 provinces of the whole country. Yunnan was the first step in the "revising" drugstore chain in the whole country.

According to the introduction of the revised pharmacy chain pharmacy project of Yunnan SME Association website, Yunnan Pu AI Pharmaceutical Co., Ltd. is a joint-stock private enterprise with a registered capital of 2 million 800 thousand yuan.

In fact, in March 2009, the Yunnan food and Drug Administration issued a notice to warn Yunnan of universal love and ordered him to resume the normal order of drug administration within 3 months, otherwise the chain qualification would be cancelled.

How does Pu AI in Yunnan relate to the amendment of the pharmaceutical industry?

The Attorney General of the pharmaceutical industry and Yunnan Pu AI declined to be interviewed by reporters.

Franchisees said that now Yunnan Pu AI has existed in name only, and the company is deserted.

On the day of the trial, the Jilin corrections pharmacy chain operation Co., Ltd., which is responsible for the revision of the operation of the corrections hall, is amended. The defense company has argued that they have signed a trademark licensing contract with Yunnan Pu AI and should not be jointly and severally liable.

He Xuehua, a lawyer at Lingyun law firm in Yunnan, said that the trademark licensing contract is only a license for the trademark that the Licensor does not exceed the scope of the law. However, in the revision of the trademark licensing contract signed by the pharmacy and the Yunnan Pu AI, the number of the annual development of the drugstore in Yunnan and the relevant measures for quarterly assessment are clearly specified.

In addition, in the certificate of license for the use of the trademark, the revision of the pharmaceutical industry and the revised pharmacy has clearly granted the right to establish, operate and manage the "big pharmacy" of Yunnan's "correction hall" brand, which is obviously beyond the scope of the trademark license, and constitutes the fact of franchising, which should be jointly and severally liable.