歷史上關於廣納賢才的故事（當今奇人周興和勵志小說連載之四十三）

2023-06-20 04:30:18

天方夜譚的故事

Story of Arabian Nights

周興和發明的環保輕型建材，不像發明原子彈和核燃料那樣，屬於國家絕密工程和專控物資，一般人想見一眼都不容易，更不要說有仿冒侵權之憂了。

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.

其它商品則不然。

Other goods are not so.

當今社會，無論藥品食品，無論衣襪鞋帽，假冒偽劣商品那是層出不窮俯拾皆是。報載，有一段時間，市場上「茅臺」、「五糧液」之類的高檔酒，有47%為假冒，「中華」、「雲煙」之類的高檔煙，有50%為偽劣品。

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.

周興和發明的以秸稈為原料的建材，從1993年起就申請了國家專利。到2001年，他已先後獲得了9項國家專利。但先前，這些專利「藏在深閨無人識」，還很少招蜂引蝶。1998年，由於「秸稈輕體牆材」在亞太廣場使用、「秸稈綜合利用」項目在四川省科技項目招標時中標後，社會上不少窺測方向，幻想著一夜暴發的人，一看這個項目原來有如此巨大的市場潛力——哦，秸稈，那漫山遍野不都是麼？你周興和能搞出來應用，我就不能搞出來賣錢麼！

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!

於是侵權仿冒之風，像河灘上的野草一樣迅速蔓延開來。

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

曾幾何時，在中國這塊土地上，智慧財產權似乎就是一壺白開水，誰都可以敞開喝幾杯。所以，社會上種種怪狀就令人防不勝防：一本正版的圖書定價100元，而盜版的書只賣10塊錢；一張正版的光碟賣20元，而盜版的只需賣2塊錢。

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，四川迅速就出現了2家以仿冒星河公司產品的廠家出現。到了2004年10月，據不完全統計，在不到5年時間裡，全國侵權廠家就達到747家！這些侵權廠家，以為生產秸稈建材就像吹糖人那般容易，比著葫蘆畫瓢，只要弄成型就是了。於是，各種假冒偽劣產品，魚目混珠泥沙俱下，根本達不到產品質量要求，嚴重擾亂了市場。

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，一些廠家除了大規模生產產品外，還明目張胆大量「轉讓」所謂「專利」。成都一家叫「金橙」的公司，憑藉他們的社會背景，在全國迅速發展，僅低價轉讓「專利技術」就達98家！由於這些廠家沒有核心技術，產品生產出來後，不到3年就出現一系列的質量問題：變質、發黴、變軟、裂紋、反滷、結露等——試想，用這些存在嚴重質量問題的牆材來修建房屋，那將會危及多少老百姓的生命財產安全啊！

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!

儘管周興和對某些法院不抱太大的幻想，但他也只能依靠法律來解決這些問題。一來他要維護自己的合法權益，二來他要為不明真相的老百姓討個說法。

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，這無疑又是一場慘烈的拉鋸戰。

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

1999年，星河公司將侵權的綿陽一家叫「高強」公司告上法庭，官司歷時1年多，法庭判高強公司侵權，停止生產，賠償星河公司經濟損失3萬元。可，高強公司根本不執行法院的判決。1年之後，星河公司向法院申請強制執行，可不知什麼原因，法院就是按兵不動。究其原因，他們通過案外人告訴周興和，要法院執行可以，但必須先支付2萬元的辛苦費和汽油費。本來賠償款才3萬元，在訴訟過程中的律師費和訴訟費，星河公司已支出了20餘萬元——你說，還怎麼叫他們去強制執行？

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，這家公司大概視法律無非是場兒戲，於是乾脆更名為「仁和公司」，繼續侵權生產仿冒產品，而且規模越來越大。

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.

同樣，第二家侵權的金橙公司生產規模更大，他們侵權的手法與綿陽的高強公司完全一樣，且在全國範圍內大規模轉讓給客戶，他們轉讓的所謂「專利技術」，超過星河公司1倍多——太有恃無恐明目張胆，周興和一怒之下，2000年下半年，又將金橙公司告上法庭。

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.