Illegal Registration, 100 Billion Fine And Trinity Of Legal Proceedings

　　 First, from Trademark ownership According to the legal basis, the ownership of intellectual property rights in Qualcomm trademark infringement cases is very clear.

1, at the time node: China's usual international trademark dispute is a well-known trademark for Chinese enterprises to seize international multinationals, and our trademark iPad and Qualcomm trademark cases are all trademarks of China. The difference is that there is a dispute between the two sides in the sale of the iPad trademark, while the Qualcomm trademark does not have any defects in ownership.

China Qualcomm's trademark registration in 1992, the Qualcomm Hanka was one of the top four brands, and the Qualcomm market in 1998 has just become a climate. Chinese people generally know that it has entered the twenty-first Century. Therefore, China Qualcomm's trademark ownership is flawless.

2, on the category coverage: China's Qualcomm's ninth and thirty-eighth types of trademark registration are all comprehensive. The disputes produced by the US transnational corporations are all common knowledge of anti trademark law. Both arguments are absurd. One is arguing about a technical common sense whether Hanka is chip or not, two because the monopoly of the three major telecom operators does not mean to prohibit anyone from registering trademark in the industry. Such a common sense problem can only be blasphemed in China by trademark law.

3, on illegal detour: American multinational corporations are being blocked by trademarks in China, and they illegally registered Qualcomm Corp in Shanghai. They knew that they were illegally registered and openly wrote to the Shanghai Bureau of industry and commerce, in the name of their famous international brands and trademarks, requiring the trade and Industry Bureau to violate the law. The Shanghai industrial and commercial bureau has not only registered the law illegally, but also banned the Chinese Qualcomm Corp from continuing to register their subsidiaries and throw the rule of law in China.

　　 Two, from the basic evidence of trademark infringement, the infringement of intellectual property rights in Qualcomm trademark infringement cases is unsuspense.

1, direct use: American Qualcomm illegally uses high pass trademark from website to WeChat.

2, agent platform: direct infringement of millet agents, the United States Qualcomm president's platform cheer.

3, teasing Court: a Chinese company refuses to accept a lawsuit, and has not been put on file for a year.

　 Three, from the next direction of safeguarding rights, illegal registration, 100 billion fine and legal proceedings Three-in-one.

1, industrial and commercial registration: To investigate the illegal registration of Shanghai industry and Commerce Bureau, and now they are bold and unaware of our inquiries.

2, infringement fine: request the State Administration for Industry and commerce to impose a fine according to law. According to the Trademark Law of China, the tort income of the transnational corporation is as high as about 30000000000 yuan per year, the amount of penalty will exceed 100 billion yuan, and the cumulative penalty in 15 years can reach 100 billion dollars. The United States has only fined a total of 6 billion yuan for anti trust cases, and this infringement of intellectual property rights is a major enemy in the world.

3, litigation obstacles: China's litigation system has major problems. Litigation costs are too high to impede legitimate claims for rights protection. Therefore, we will start from small cases of agents, and have spent tens of billions of dollars in litigation in the US.

　　 Four, from the perspective of social responsibility for safeguarding the rights and interests of the law, the Qualcomm case is against China. Rule by law The severe test of the new deal.

1, the destruction of the rule of law in China in the past 20 years has been associated with corruption. The party and government officials intervened in law and law enforcement officers to take bribes and acts as an important form. From the middle of 1990s, it began to spread from local to central, and became more and more unscrupulous after twenty-first Century.

2, the Chinese private enterprises in this period are in the initial stage. They do not rely on spending money to buy roads, but rely on human relationships. Most of them operate in the edge ball area, and there are very few cash bribes. However, the biggest pain of this generation of private enterprises is that after the success, people's debts in the start-up period are hard to pay off, and the phenomenon of doubling bribes appears because of the hatred of rich people. Therefore, most successful enterprises enter the twenty-first Century and become the victims of social corruption. Under these conditions, the successful private enterprises develop rapidly, the law-abiding owners pursue internationalization and develop outwards, while illegal enterprises begin to become underworld. To this end, the anti corruption policy should have a special pardon policy. Any corrupt private enterprise should be released on the spot, and encourage the boss to expose corruption and reward meritorious service. Only those underworld bosses are not corrupt, but gang crime.

3, the blatant violation of China's economic life and the naked power and money transactions began with the public relations of international transnational corporations. As early as the beginning of 1990s, the bribe doctors in the pharmaceutical industry were the copies created by foreign companies, and then became popular. In recent ten years, the corruption and illegal activities of transnational corporations are becoming more and more intense. They are embodied in three aspects:

First, manipulating the media: Taking Danone company as an example, the public expenditure of Da Wa dispute in 2006 amounted to 80 million US dollars. I have seen a famous newspaper giant in the global investigation of Wahaha, and we must fight for the death of Zong Qing.

Second, the power of public relations: Danone also engage in power public relations, and to the highest level, French President Sarkozy brought danien chairman Li Bu to Beijing to find Hu Jintao to put pressure on illegal public relations, but they did not succeed. The Apple Corp's power PR is out of the question. Finally, the Chinese authorities have put pressure on the litigants and forced the isolated Taiwanese businessmen to surrender, and have signed a reconciliation agreement which is seriously illegal.

Third, illegal advisors: Danone and apple are experts and scholars and retired officials, but the illegal advisers in Qualcomm antitrust case and Qualcomm trademark case really did the best. In the case of antitrust, members of the expert committee of China's Anti Monopoly Committee are also willing to pay about 8000000 of the price. Are they not illegal public relations? No tax evasion or tax fraud? They should not carry out anti-corruption investigations. How much did they spend on public relations in order to settle the matter? The illegal consultant of trademark infringement is far from the truth. The deputy director of the retired Trademark Review Committee begins with all the officials of the industry and Commerce Bureau to demonstrate a technical problem that they know nothing about, and can get the conclusion that Ni Guangnan thought the absurd and unsurprising conclusion. From this, we can deduce the ruling of common sense of the 38 kinds of trademarks against trademark law, and we can see the obstacles to China's rule of law.

Conclusion: the biggest destroyer of the rule of law in China in the past 20 years is not a private enterprise, but an international multinational company. These foreign companies that are proficient in the rule of law society have knowingly committed themselves, relying heavily on financial strength, distributing money publicly, raising the corrupt appetite of Chinese officials and law enforcers, and are the main culprits in China's social corruption and violation of laws and discipline. Therefore, the high pass trademark infringement case is a severe test of China's new policy of governing the country according to law. The Chinese government and the Chinese court should have the courage to make a multinational company that has escaped the anti-monopoly sanctions under the support of the international community to pay $100 billion in behalf of the serious infringement of intellectual property rights, and take this case as an opportunity to fight corruption, thoroughly investigate the illegal public relations and corruption behavior of transnational corporations, and set a model for China to rule the country according to law.