"President Lu, I'm dying! If the capital chain of the shareholding enterprise is broken, can I get my advance back? At 8:30 in the morning, Lao Chen, a Pan'an pharmacist, came to Lu Ye with a sad look on his face when he was stuck at work.
After a while, another pharmacist opened the car door and trotted into the courtroom, and asked Lu Ye for help through the security checker: "The person subject to execution who owes me the payment is usually not at home, but this time he came back, wow, how can I keep this person ......."After talking for less than a minute, he got in the car and left with peace of mind.
Lu Ye, President of the Xinwu Court of the People's Court of Pan'an County, Zhejiang Province, has an important comprehensive Chinese herbal medicine distribution center in East China and even the whole country. The more than 600 merchants stationed in it have become her closest "circle of friends" in court.
When he doesn't write the verdict, Lu Ye often walks around the door of the court, so that the visiting merchants can get answers as soon as possible. "There may be some problems that can be solved, but for them, it is more reassuring to 'meet and talk'. As the exclusive "pharmaceutical market judge" in the medicinal materials market, Lu Ye is using tailor-made judicial services to promote the transformation of the extensive "fireworks" of the medicinal materials market to the rule of law.
Lu Ye popularized legal knowledge to merchants.
Promote the transformation of a "society of acquaintances" into a "society of rule of law".
Recently, Lu Ye and the judge's assistant have been busy educating merchants about the law on contract signing. With the continuous popularity of the "Zhejiang Bawei Medicinal Materials Market", more and more pharmaceutical companies have come from all over the world to purchase, along with thicker and thicker sales contracts. "I can't read it, will there be a trap if I sign it? Merchants have reported to Lu Ye that they have more concerns about doing business.
In order to help reduce business risks, Lu Ye and the judge's assistant immediately popularized legal knowledge to business representatives, district grid members and mediators at the "219 Township Council" held at 9 a.m. on the 21st of each month in Xinwu Street, in order to strengthen the power of the legal popularization group and accelerate the extension of the legal knowledge required by merchants to the corners of the market.
It is necessary to pay attention to the title of the contract and whose name it is used to settle the payment, whether it is an individual or a company", "You can inquire through the national enterprise credit publicity network, etc., to understand the performance ability of the partner, whether it is involved in litigation, and whether there is any dishonesty", "Multi-page contracts should be stamped with a seal or signed on each page" ......In view of the increasing professionalism of the contract, Lu Ye gave a comprehensive and popular legal reminder from the three points of negotiation between the two parties, before signing the contract, and after signing the contract.
When I came to Xinwu from the case filing division of the court, my biggest feeling was that the legal awareness of the market merchants was generally not high, and they continued the tradition of acquaintance transactions in the small-scale peasant economy, and rarely concluded sales contracts, let alone the retention of evidence, and their litigation capacity was relatively low. In the past few years in the Xinwu Court, Lu Ye has slowly figured out the customs in the market, doing business with old customers, and does not like to go to court when there is a dispute, and he can't wipe his face, and he hopes to solve the problem and repair the rift through mediation, "However, with the development of society, the demand for legal rules by merchants has become more and more intense." ”
In April 2022, the shared court of the Chinese herbal medicine industry development center was established, and with the addition of Zhang Guanghua, president of the Pan'an County Chinese Herbal Medicine Chamber of Commerce, and Yang Dingsheng, president of the Chinese herbal medicine industry association, some sales disputes with simple legal relationships in the market can generally be mediated in their hands.
The Chinese herbal medicine industry development center shared the court.
The two court directors used their experience and prestige to resolve disputes, and I provided legal protection in the rear. Lu Ye said that now he has more time to be active in the market, find and solve problems at the first time, and teach merchants the legal knowledge needed to operate. According to statistics, the Xinwu Court has carried out 23 legal popularization sessions for more than 2,000 people in accordance with laws and regulations such as the conclusion of sales contracts, how to save WeChat chat records as electronic evidence, and precautions for the conclusion of IOUs, as well as laws and regulations such as the Civil Code, slowly promoting the transformation of the "acquaintance society" of the medicinal materials market to the "rule of law society".
Protect the market order from malicious incursions.
In recent years, the groups of "professional complaints" and "professional claims" have become increasingly active, and since 2022, there have been many malicious rights protection behaviors in the medicinal materials market. ”
The shelf life of Chinese herbal medicines has particularities. Taking Ejiao as an example, it has no expiration date, and the original date is long-term. However, with China's accession to the WTO in 2001, the promulgation of the Drug Administration Law stipulates that the validity period of drugs shall not exceed 5 years according to international practice (Western medicine), and on May 18, 2001, Ejiao was listed in the second batch of national non-prescription catalogue (Category B). In July of the same year, Ejiao began to indicate a five-year shelf life.
However, judging from the records and application history of Ejiao, the aged Ejiao after years of storage overcomes the shortcomings of dryness and may have a better effect. **Cao Bingzhang's "Supplementary Pseudo-Medicine Debate" records that Coptis Ejiao soup and Ejiao chicken yellow soup all clearly need to be aged Ejiao, which also forms a common saying that 'ginseng should be new, and Ejiao should be aged'. Lu Ye explained that the shelf life of traditional Chinese medicinal materials in the traditional concept is different due to the different origins, picking seasons, storage environments, medicinal parts and processing processes.
In the process of consumption, the professional claimant chooses to expand the amount of consumption, and according to the "False One Pay Ten" punitive compensation mechanism in accordance with the Food Safety Law, either report to the Market Supervision Administration or directly negotiate compensation with the merchant privately. With the intervention of market regulation, professional claimants can obtain anti-counterfeiting rewards and merchant compensation, and merchants will face penalties from market supervision in addition to compensation. This made the merchant Wang upset, "According to laws and regulations, I want to compensate more than 1 million yuan, and the anti-counterfeiting and I negotiated 500,000 yuan." But 500,000 yuan is beyond my reach. It can only be closed before opening. ”
The medicinal herb market is a very simple and humane place, and many merchants are self-employed and do not understand the laws and regulations, and do not know that they are selling fakes. Professional claimants are not motivated by the desire to clean up the market, but rather to use punitive damages for their own benefit or as an opportunity to extort money from businesses. In order to maintain the normal trading order of the market and a good business environment, Lu Ye began to study solutions after reporting to the leaders of the hospital.
In December 2022, a judicial proposal to prevent "malicious claims" in the field of Chinese herbal medicines became the hottest "product" in the market. It is recommended that relevant pharmacists sign a notice of the situation before ** Ejiao and other Chinese herbal medicines, and clearly require consumers to sign and confirm that they are aware of the existence of a situation beyond the shelf life stipulated by the state before purchasing aged Ejiao and other Chinese herbal medicines.
Lu Ye told the pharmacist that when faced with a suspected occupational claim, he should be vigilant and pay attention to retaining evidence. "This is to hope that merchants can learn to protect themselves and jointly maintain the order of transactions. Not only that, the court also took the lead in convening a discussion with relevant units such as municipal supervisors, justice, township and street districts, and suggested the establishment of a list of "professional claimants" to impose procedural restrictions and accountability on whistleblowers and complainants who repeatedly made malicious claims, so as to jointly maintain the business environment.
Let the protection of the "Pan Wuwei" geographical indication become a consensus.
Pan'an is the "hometown of Chinese medicinal materials", the largest main production area of Chinese medicinal materials in Zhejiang Province and the most important distribution center of Chinese medicinal materials. At present, the county's area of Chinese herbal medicine planting land is 750,000 acres, 90% of Zhejiang's authentic medicinal materials from here to the country and the world, with an annual transaction volume of 5 billion yuan. The famous "Zhejiang Eight Flavors" in the Atractylodes, Yuanhu, Zhejiang fritillary, Xuanshen, white peony five flavors of medicinal materials are abundant in Pan'an, commonly known as "Pan Five Flavors".
Zhejiang Eight Flavors "Medicinal Material City."
In 2009, Pan'an County Chinese Herbal Medicine Industry Association applied for the registration of the geographical indication of "Pan Wuwei", and implemented a unified brand, unified packaging, unified standards and unified supervision for "Pan Wuwei". The user must be a producer in Pan'an, and when applying to the Pan'an County Chinese Herbal Medicine Industry Association, it is necessary to submit the application, the certification document of the product from a specific region and the product quality inspection report to the local quality inspection department, and only after the review and approval of the quality inspection department can the geographical indication of "Panwuwei" authentic medicinal materials be used on its products.
However, while the influence of the "Zhejiang Bawei Medicinal Materials Market" continues to expand, the development of the "Pan Wuwei" brand has stagnated. According to the data, there are 249 Chinese herbal medicine production and processing enterprises in Pan'an, and only 24 have applied for the use of the "Panwuwei" geographical indication, and from a national perspective, there are still some foreign business households that have not applied for use.
This will inevitably affect the sustainable development of the local herbal medicine industry, and also shows that market merchants generally lack modern business awareness and do not pay attention to the management and legal protection of intellectual property rights of geographical indications of Chinese herbal medicines. How to make merchants pay attention to and strengthen the protection of the "Panwuwei" geographical indication and enhance the overall core competitiveness of the market has become Lu Ye's most important concern.
In order to give full play to the judicial escort for the development of local characteristic industries, at the beginning of 2023, the Pan'an Court set up a research group headed by the president to conduct research on the intellectual property protection of the "Panwuwei" geographical indication. Lu Ye is also one of the members, and a group of four people went to Anhui, Jiangxi and other places to squat and investigate.
After 5 months, the "Research Report on the Use and Protection of the Geographical Indications of Panwuwei" was released, with 6,000 words full of insightful insights. The report uses empirical analysis to study the current situation and problems of the protection of the geographical indication products of "Pan Wuwei" authentic medicinal materials, and points out that the low use rate of the "Pan Wuwei" geographical indication is largely due to its low commercial added value. None of the five kinds of Chinese herbal medicines contained in Pan Wuwei belong to the "Catalogue of Substances that are both food and Chinese herbal medicines according to tradition" published by the National Health Commission, and can only be sold as simple Chinese herbal medicines. As a user of the "Pan Wuwei" geographical indication, the Pan'an County Traditional Chinese Medicine Industry Association lagged behind in the management of the "Pan Wuwei" geographical indication due to the lack of awareness and system, etc. The report puts forward countermeasures and suggestions for the problems found in the investigation one by one, and submits them to the county party committee, in order to improve the brand management level and intellectual property protection level of "Panwuwei" authentic medicinal material geographical indication products.
Recently, a special consultation on the legal business environment of the Chinese herbal medicine industry was held in Pan'an. County leaders, CPPCC members, main persons in charge of judicial and administrative units, and representatives of medicinal material enterprises gathered together to implement the brand promotion action of the characteristic Chinese medicine industry and escort the high-quality development of the Chinese medicine industry with a law-based business environment.
The Pan'an Court will continue to focus on the development of 'one county and one industry' of Pan'an traditional Chinese medicine, strengthen the integrated linkage of justice and law enforcement, strengthen the judicial protection of intellectual property rights of traditional Chinese medicine, promote the integrated development of characteristic industries and rural revitalization, and better play the role of the rule of law in consolidating the foundation, stabilizing expectations and benefiting the long-term. Cai Yijun, Secretary of the Party Group and President of the Pan'an Court, said.