An open letter to American President Mr. Bush 敬致美国总统布什先生的公开信
hebangdian at 21cn.com
Thu Sep 29 22:58:52 PDT 2005
An open letter to American President Mr. Bush 敬致美国总统布什先生的公开信
Hello, my respectable President Mr. Bush:
The fact that DuPont declined to fulfill the agreement has been presented to you for several times via president at whitehouse.gov; As a result, president at whitehouse.gov sent back three letters containing the following same contents on the behalf of Mr. President in Sep 2004:”Thank you for e-mailing President Bush. Your ideas and comments are very important to him.” My ”ideas and comments” are as follows: it is verified by Mr. Huang with adequate facts and irrefutable legal evidences that DuPont must disburse Mr. Huang patent fee, license fee or equivalent “Utter Compensation” fee and DuPont’s persistent refusal to disburse these fees infringes upon the intellectual property rights of Mr. Huang. president at whitehouse.gov mentioned ”are very important to him.” I don’t dare to unduly surmise the meaning of “very important” to Mr. President; However, according to my humble opinions, there exits the following “important”: on the one hand, respectable Mr. President, the American Government led by Mr. President as well as the great American people bitterly hate the predation of the intellectual property rights of others through brazen means such as stealing, shameless acts; in contrast, DuPont is committing such brazen and shameless deals; on the other hand, the number of your country’s intellectual property rights in a variety of fields is far in excess of that of any nations in the world and suffers greatly from rights infringement. Therefore, your government always reserves no efforts in urging other nations to intensify the law enforcement strength to protect your country’s intellectual property rights. However, while your government reserves no efforts in urging the Chinese government to intensify the law enforcement strength to protect your country’s intellectual property rights and receives your “more encouraged” praise(note), DuPont is infringing the intellectual property rights of Mr. Huang through various extremely brazen and shameless means, which constitutes an extremely bad signal to the governments and public of other nations in the world, a extremely “good” model for current and potential thieves of intellectual property rights, an enormous damage to your government protection of your country’s intellectual property rights, and a tremendous humiliation to your country’s lofty status in the world. For the sake of the glory of the great American people and the reputation of a legion of American corporations, in order to safeguard your country’s lofty status in the world and protect the intellectual property rights of your country and other nations in the world, we humbly request you and your government to prevent DuPont’s such extremely brazen infringement and even seizure behaviors, and force DuPont to carry out it’s voluntarily promised obligations in the agreement. We firmly believe that the United State is not a country that shields and connives at rascals and the American government is not a government that shields and connives at rascals; Under the instruction of our respectable Mr. President and the American government, the rascal of DuPont shall be aware of shame and be able to turn into a normal corporation by giving up shameless behaviors. Due to the adequate evidences, the clear-cut rights and obligations of both parties of DuPont and Mr. Huang, and simple legal relations, the infringement of the intellectual property rights of Mr. Huang by DuPont can be absolutely prevented and DuPont will surely disburse Mr. Huang patent fee, license fee or equivalent “Utter Compensation” fee as long as your government intensifies the law enforcement strength to protect intellectual property rights as well.
With best regards!
Authorized agent: SXF 2005.09.17.23：59 （note）
It was reported by China’s sina website on Sep 14, 2005 that China’s president
Jintao Hu met with American president Bush in New York on Sep 13, and
President Bush expressed his encouragement by the Chinese government
actions to intensify the law enforcement strength to protect intellectual property
Heartfelt thanks for your reading my E-mail and your mail of attention to this matter. I would like to make some replenishment concerning the matter, for you to judge and decide.
1. At the request of Du Pont, Mr. Huang has for 10 times submitted written technical materials to Du Pont from April 1993 to 1994, for expert group of Du Pont to conduct feasibility analysis.
2. On February 22, 1995, Dr Robert F Sklar, Technology Transfer Licensing Manager of DuPont arrived in Shanghai in China, to “sign many agreements” with Mr. Huang. Mr. Huang insisted DuPont examines samples first before signs any agreement. However, as samples were still in the process of purification at the time, no agreements were signed then.
3. On March 28, 1995, Mr. Huang sent the first batch of samples to Du Pont by post.
4. On September 7, 1995, Mr. Huang received “Biological Evaluation Agreement” (1995 Agreement) sent by Du Pont, requiring Mr. Huang to sign this agreement and again provide samples. Mr. Huang signed the agreement and sent second batch of samples as requested by DuPont.
DuPont admit in Article 5 of the “1995 Agreement” that Mr. Huang will be entitled to claim patent and licensing fees. DuPont states in Article 8 of the “1995 Agreement” that Mr. Huang may not cooperate with any universities or enterprises in any form before and after signing of this agreement (for this reason, Mr. Huang has refused cooperation request of several companies).
5. On September 10, 1998, DuPont sent a letter to Mr. Huang, asking for third batch of samples.
6. In 1999, DuPont carried out a month-long insecticide screening on the third batch of samples (in fact, it has carried out weeds killing test and mould killing test in the meantime), and required to keep all these tests a secret.
7. On June 8, 2000, DuPont sent a letter saying it was not interested in samples provided by Mr. Huang, and refused to pay Mr. Huang patent and licensing fees.
8.The mail signed by DuPont on June 2th, 2005, threaten Mr.Huang ,and prevent Mr.Huang send the
杜邦公司不履行协议的事实已多次通过president at whitehouse.gov向您呈述；president at whitehouse.gov也在 2004年9月代替总统先生发来下述三封内容相同的回信：“Thank you for e-mailing President Bush. Your ideas and comments are very important to him.”我的“ideas and comments”是黄先生有充足的事实证据与无可辩驳的法律依据证明，杜邦必须向黄先生支付专利费、许可证费或等额的“完全赔偿”金，杜邦一直拒绝支付这些费用是侵犯黄先生的知识产权。president at whitehouse.gov说“are very important to him.”
“very important”对总统先生是何含意，我不敢妄自猜测；但就愚见而言，有下列“important” 。
2. 1995年2月22日杜邦技术转让与许可证经理Sklar博士 （E.I.DU PONT DE NEMOURS AND COMPANY Robert
F. Sklar Ph. D. Manager,Technology Transfer Licensing)来中国上海，要与黄先生“签订许多协议”。黄先生坚持要在让杜邦看了样品后再签协议，而当时样品尚在提纯过程中，故未签协议。
4. 1995年9月7日黄先生收到杜邦寄来的《BIOLOGICAL EVALUATION AGREEMENT（1995年协议)》，要求黄先生签署此协议并再提供样品。黄先生按杜邦要求署了此协议并向杜邦寄出了第贰批样品。杜邦在《1995年协议》第5条中向黄先生主动承诺，黄先生将有提取专利费、许可证费的权利。杜邦在《1995年协议》第8条中规定，黄先生不得与任何大学或企业作任何合作（黄先生为此而谢绝了几家公司要求合作的 请求）。
6 1999年杜邦对第叁批样品进行一个多月的Insecticide Screening（际实上，同时进行了杂草杀灭试验和霉菌杀灭试验。杜邦要求对这些试验全部保密）。
7. 2000年6月8日杜邦发信称对黄先生的样品不感兴趣,拒绝向黄先生支付专利费和特许证费。 8.2005.06.02. 杜邦签署信件，对黄先生进行威胁-恫吓，阻止黄先生发此E-mail。
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