“Science and Technology Innovation Board Daily”, May 10 (Reporter Huang Xiumei) In the afternoon of today (May 10), Yuandu Technology published “Further Instructions on the “Statement” on its public account, issuing relevant certificates that the company believes Zongheng Co., Ltd. and its subsidiary Chengdu Zongheng Dapeng Drone Technology Co., Ltd. (hereinafter: Dapeng Drone Company) have falsified quality inspection reports and other related certificates.

In response to the above statement, the “Science and Technology Innovation Board Daily” reporter contacted Zongheng Co., Ltd. A relevant person from the company said, “The work will be carried out in accordance with the law in accordance with the law. Please refer to the information released by the company for relevant developments.”

Yuandu Technology: Another allegation of fraud by Zongheng Co., Ltd. and its subsidiaries

The dispute between Yuandu Technology and Zongheng Co., Ltd. began on May 7 this year. Yuandu Technology stated on its official WeChat statement on the same day that Dapeng Drone Company falsified quality inspection reports, falsified Yuandu Technology's official seal, and evaded administrative penalties. Zongheng Co., Ltd. responded in a statement on its public account on May 9, saying that the company's lawsuit against Hebei Xiong'an Yuandu Technology Co., Ltd. and Beijing Yuandu Internet Technology Co., Ltd. in an unfair competition dispute was accepted.

However, the dispute between the two parties may be traced back to 2010. At that time, Yuandu Technology and Zongheng Co., Ltd. and its subsidiaries had many legal disputes. Most of the causes of litigation involved invention patent rights, usage fees during the temporary protection period of invention patents, and infringement of utility model patent rights.

In a statement issued today (May 10), Yuandu Technology issued a “Project Notice Letter” in response to whether Dapeng Drone Company falsified the inspection report issued by the Zhejiang Electromechanical Product Quality Inspection Institute, and believes that the relevant content of the “Administrative Penalty Decision” and “Decision to Revoke Administrative Penalties” previously issued by the Kashgar Regional Finance Bureau can also prove it.

Yuandu Technology also further proposed today (May 10) that Zongheng Co., Ltd. and its subsidiaries “provided false information to obtain a bid or transaction”.

Yuandu Technology quoted the contents of the “Notice on Procurement Transaction Results for Surveying and Mapping Drones, GPS Locators, and Ranging Telescopes” issued by China's Hubei Government Procurement Network on July 21, 2023, and believes that the “SME Declaration Letter” issued by Zongheng Co., Ltd. when participating in the bidding for the project contained “false materials”.

The “Statement” stated, “Shenzhen DJI Technology Co., Ltd. has 338 employees and operating income of 356 million yuan.” However, according to the “2023 China Top 500 Private Enterprises List” released by the All-China Federation of Industry and Commerce on September 12, 2023, Shenzhen DJI Technology Co., Ltd. has a revenue scale of 30.14 billion yuan, ranking 459th. According to the report published by DJI in 2019, the number of social security personnel is 4,172, which is not a medium-sized enterprise in the “SME Declaration Letter”.

Lawyer: Administrative reviews and administrative lawsuits do not necessarily take effect

The “Science and Technology Innovation Board Daily” reporter noticed that Yuandu Technology today (May 10) responded to the “Decision to Revoke Administrative Penalties” issued by the Kashgar Regional Finance Bureau, saying that Yuandu Technology has filed an administrative review and administrative lawsuit against this, and that the administrative lawsuit was handled by the Kashi Regional Intermediate Court.

Yuandu Technology said that if the “Decision to Revoke Administrative Penalties” is rescinded after administrative litigation and administrative review, the original “Administrative Penalty Decision” will continue to take effect.

Yuandu Technology further believes that between the “Administrative Penalty Decision” issued by the Kashi Regional Finance Bureau on July 10, 2023 and the “Decision to Revoke Administrative Penalty” on October 26, 2023, the penalty decision prohibiting Chengdu Zongheng from participating in government procurement should be effective throughout the country. However, Zongheng Co., Ltd. participated in the relevant bidding activities in Chongqing and Shaoxing on August 18, 2023 and October 11, 2023, respectively, and is suspected of having committed illegal acts.

In response to the above situation, Yuandu Technology said that the company commissioned the law firm to receive the “Ministry of Finance Government Procurement Report Material Acceptance Receipt” on February 23, 2024, and will continue to take legal measures to protect its legitimate rights and interests.

Regarding Yuandu Technology's administrative review and administrative lawsuit, Sun Yuhao, a member of the Youth Working Committee of the Shanghai Lawyers Association and senior partner of Shanghai Haihua Yongtai Law Firm, told the “Science and Technology Innovation Board Daily” reporter that from a legal perspective, Beijing Yuandu Internet Technology Co., Ltd. submitted an administrative review as a stakeholder, but this does not mean that it complies with the “stakeholder” category as required by law.

Sun Yuhao said, “At the stage of accepting administrative review cases, as long as the evidentiary materials provided by the applicant can prove that they may have a factual or legal interest in the specific administrative act, the review authority shall accept it according to law. After acceptance by the review authority, if, after thorough and thorough examination, it finds that the applicant does not meet the conditions for admissibility of administrative review, it may decide to reject the application for review in accordance with the provisions of Article 48 (1) (2) of the “Regulations on the Implementation of the Administrative Review Law”.

“In addition, administrative review and administrative litigation procedures are also relatively complicated. They involve a number of relevant regulations, and the original “Administrative Penalty Decision” will definitely continue to take effect after the “Decision to Revocation of Administrative Penalties” is repealed.” Sun Yuhao further stated.