Wong Lo Kat trademark disputes: controversial proposed - insurance

Wong Lo Kat trademark dispute after 3 years of many time, complicated, involving not only the Chinese Contract Law, trademark law, criminal law, procedure law and other fieldsLawIn theory, but also relates to the development of market economy in our country in the process of enterprise and enterprise, enterprise and country, enterprise and consumers and other social public relationships between.At present, although the ?Wang Laoji? trademark for case has been settled, but there are still some problems have not been solved properly. At the July 19th meeting of the ?study and broad medicine trademark disputes legal seminar? on, nearly 20 legal circles around the ?red tank commodity? packaging power belongs to who?? ?The trademark license expires, inventory products the best solution?? Such problems are discussed, at the same time, a number of legal profession is also suggested, from tea industry long-term development considers, preferably on both sides to reconciliation.?The red jar of commodity packaging and decoration? right belongs to who?Xu Jiali: according to my own understanding on this case, decorating right belongs to the study. Production, sales in 17 years ?Wang Laoji? of the enterprise is not called Wong Lo Kat, that jdb. Can be understood as a right and well-known commodity-specific, banned from unauthorized use beyond the patent protection of exclusive right to use, and products closely linked. From the trademark theory, decorating right is not as complete as the trademark right and fixed.Now, red tank decoration right war quite spectacular. Well-known commodities with famous brand, that is to say, the drug had mixed to famous brand trademark. Red tin packaging is the study design, protected, effective with adults records.Chen Hongdao2000 to apply for a patent, the drug that the appearance of protection period of 10 years, already expired. According to this logic, the patent protection and effectiveness and continued to have a kind of misunderstanding. To invent the light bulb Edison as an example, the patent period continue to use, illegal, which apparently is logically.Zhang Jin: right in many legal decoration does not clear. Red tin goods because red and the use of the word formed its own characteristics, was from the study for the appearance of patents, when the contract expires, continue to use, although not have rights, but still is the product of the decoration. This product is well-known products, are available through the ?Anti-Unfair Competition Law? for adults. Commercial identification register when there are a number of obstacles, including color, advertisement, but belong to the commercial mark, are all products. We are buying this product, sometimes to decorate the cognitive, than the other.Such as the red jar of commodity, see at a glance, easy to recognize. The famous product specific packaging, decoration, even in the registered trademark of a disorder, and in some cases, can also be an unregistered trademark. Not if the registered trademark is famous, known to the public, can be as well-known trademark protection. We can not deny that this is a red tank product-specific packaging, which belongs to the designers and the first user, others use is an infringement of the.Guo Dezhong: I think the red jar of goods packaging decoration are dual protection: A is beginning a JDB company applied appearance patent protection, applied for 10 years, in 10 years, since the original Wong Lo Kat, it grew to a well-known commodity, at the same time it red canned goods packaging decoration, is also a special packaging and decoration, as the elapse of time, with Wang Laoji grow into a well-known commodity, this red tank goods would meet the ?Anti-Unfair Competition Law? provisions of the protection of the elements, the famous product specific packaging and decoration, commodity protection is formed gradually. With its commercial fame, was also granted by law, the protection of the right of packaging. Along with the exterior design patents expire, will lose the protection, ?Anti-Unfair Competition Law? to confer protection is more and more specific. So the decoration should belong to study a party.??Afraid Shanghuo, drink??? Advertising language is an infringement???Qiu Baochang: first to determine whether the advertising language is work? If it is a work protected by copyright, and unprotected. If it works, who works? Now changed, whether by the original author, agreed?Zhang Jin: the drug advertising and advertising propaganda materials, are modeled with a study design, is an infringement? If this is true, of course, is an infringement of the. As the original licensor to license others to use, even if the termination of the contract, but others in the use of the trademark of the process, the design and practical use of things, do not belong to you. What belongs to others, not back will belong to you. So this is an infringement of the.Guo Dezhong: the problem is the key, originality, although advertisement words, because before there is no similar expressions, so we should enjoy the protection of. What this word belongs to who? The original is ?afraid Shanghuo, drink wanglaoji.? We carefully analyze the sentence, the sentence of the originality in where? In all these 3 words? Instead, the word ?originality is afraid Shanghuo, drink??? The words of the original. So this originality should belong to study on one side, and even now the Wang Laoji trademark was wide drug group is retracted, copyright not as trademark and copyright transfer back, in front of a few words, copyright should be retained in the study on this side.Under this premise, the Wang Laoji into their own study, there is no violation of the rights of the. In turn, in the advertising language, advertising, promotional materials, decoration interrupt completely imitate study and creative design, if used without permission, is an infringement of the.The trademark license after the expiration of the time limit, the stocks have no best solution?Song Huixian: if fully from the legal point of view, the theory is the contract expires, the licensee should not reproduction. The use of the trademark the exclusive right to use it, your right scope, basically have two: one is your use of the trademarks the exclusive right to produce and sale of goods, the exclusive right of. If the right to a day off, not reproduction and sales. I once saw an advertisement in the newspaper, a shop selling CD, DVD, expired copyright, must be within a prescribed time limit sales end, it must be in accordance with the contract to.Guo Dezhong: although not related to this issue regulations, but can be drawn lessons from ?patent law?, there are a number of provisions, the patent license after a period of time, using the patent number of the patent, as fake, but at the same time the provisions, if it is in the patent license contract expired before the products, even if the patent license contract expired, this part is not considered to be fake patents. Can?t mechanically judgment, make it rigidly uniform is not reasonable. For a business process, seems to be too harsh.Xu Jiali: in the period of license production, the licensee has agreed period of production for the sale of production but has invested considerable human and material resources, if not allowed to sell, the loss is huge. Licensor and Licensee have common interests, to the Licensor is advantageous, can even give the Licensor the benefits of some concessions, does not produce waste and retention. Do not violate the harmonious society?s basic principles, to seek truth from facts, because it is not a drug, to consider the issue of social fairness.Li Xiujuan: law generally follow the principle of fair and reasonable compensation for equal value. According to the bilateral agreement, study in production process, pay the fee for the right to use the trademark in 2012 May, production of the products should be of reasonable price. In order to produce the product before, in sales should be reasonable. At the same time, according to the ?contract law? of the theory, even wide drug group to recover the Wang Laoji brand, should also be given a period of time preparation time, not only to contract period is limited to recover. At the same time, according to the international practice, there is a certain period of time are legal, according to the fair and reasonable principle, generally takes 6 to 12 months to handle inventory backlog of goods.?Wong Lo Kat 108000000000 intangible assets worth?Li Xiujuan: intellectual property price analysis, should be the first to see the commodity trademark. With Wang Laoji brand, if not the commodity, is only because of these three characters, should not have the value 108000000000. The process of forming the value of goods, need to go through several stages, the first commodity after the first one commodity stage, just an ordinary commodity label, no value. The second stage is the phase function, was recognized by the consumers, has some obvious advantages. The final stage is personality, was accepted by consumers, different from other goods superior value. Wong Lo Kat?s value, in the last century 90?s to not be approved, after years of development process, the final formation to the present to a brand, forming third process character goods stage, and this process is running into the study, from a common to personality process. Careful analysis, see not hard, study on years of operation, make it become a big brand. So fight down, is a cause destruction to both sides.Seats on today: now Wang Laoji after assessing the value of 108000000000 yuan, more than 10 years ago assessment has value over many times, now the value of intangible assets inside course of study trademark breed and input, whether the study should have a portion of its profits? The actual user has not JDB, now we go to assess the Wang Laoji, probably not so much.The trademark is the standard, product is the. The two sides should be the win-win cooperation. Gadobo returns, even in the Wang Laoji trademark shall not be used, and the use of Gadobo?s time, is still earning. Now take the strategy, was renamed as the study, through this procedure, so that consumers understand the facts, he obtained the market is not because of the three words change and lost.Some expertsXu JialiChina University of Political Science and Law Intellectual Property Research Center DirectorZhang JinChina University of Political Science and Law, civil and Commercial Law Intellectual Property Law Research InstituteSong HuixianChina Copyright journal editorial department deputy directorLi XiujuanDean of Beijing Geely University School of lawGuo DezhongBeijing Institute of Technology Intellectual Property Research Center Deputy DirectorQiu BaochangBeijing Huijia law office director

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