On Changyu's trademark incident of "Jiebaina"

28-9-6 23:34:8 Source: Sina blogger: Phoenix Life Weekly

I remember that an article in southern window wrote that Changyu was registered on April 13th, 22. Is it because amateurs don't know about wine? It should be said that Sun Liqiang, the chairman of Changyu Group, who knows about wine, told Pan Yuheng, a reporter of southern window who wrote "Changyu's double problem": "The successful registration of Cabernet Sauvignon is not only a landmark day for Changyu, but also for the whole industry, which has found a criterion for China enterprises to collectively deal with the WTO. This is fundamentally a question of intellectual property protection, and intellectual property is often one of the core competencies for the sustainable development of an enterprise and even the whole industry. "

Later, I checked the relevant materials, including the professional teaching materials of grapes and wine, the trademark law of China, and the information of Changyu, and consulted Professor Luo Guoguang, a grape planting expert in China, and Mr. Yang Fengguang, a grape agronomist in Yantai.

1. Textbook records

According to the textbook Grape Variety Science of the School of Wine of Northwest Agricultural University, the alias of CabernetSauvignon is "Cabernet Sauvignon", which appears on page 143 of this book, in the second section of the introduction column of brewing varieties in Chapter 6. This book was edited by Dr. Li Jiming from Changyu Technology Center.

II. China's Trademark Law

Paragraph 6 of Article 8 in China's Trademark Law says "directly indicates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of goods", and CABERNET is the Chinese translation of CABERNET, with three grape varieties beginning with Cabernet. 1. CABERNETSAUVIGNON translated into Cabernet Sauvignon, 2. CABERNET FRANC, 3. CABERNET GERNISCHT. In the past, the wine brewed by mixing the two main grapes and three grapes in the domestic wine industry was also called Cabernet Sauvignon. Cabernet Sauvignon should belong to the name of grape varieties and is the raw material used by wineries to brew wine. The trademark law clearly stipulates that "main raw materials" are not allowed to be registered. I don't know why Changyu can successfully register with the name of main raw materials' Jiebaina'.

III. Information about Changyu

Changyu said, "Cabernet won the gold medal at the Panama World Fair in 1915; And won another prize in Belgium in 1987. " However, according to the investigation, the products that Changyu Company won the gold medal and the best certificate in Panama in 1915, which were recorded in the Hundred Years of Changyu Memorabilia published on Changyu Company's website, were [Kaya] brandy, red rose wine, Joan syrup and Riesling white wine, and did not win the gold prize at the "Cabernet" quality product tasting.

According to the report of Economic Daily on August 31, 1997, "Cabernet Sauvignon" is the abbreviation of three English names of grapes used for brewing this wine. Chen Puxian (a veteran, wine-making expert and former deputy chief engineer of Changyu Company) explained:' In the world, high-grade and high-quality wines are all named after grape varieties. For example, the world-famous Riesling is made from grapes named Riesling, and the indexes and flavor of' Jiebaina' dry red completely meet international standards. It absorbs the essence of three kinds of grapes, hence its name ... ".

At present, in China's market, such as Carrefour supermarket in Shanghai, the foreign name on the bottle label of Changyu "Cabernet" dry red wine is written as "Cabernet".

IV. Views of grape planting experts

Professor Luo Guoguang said: "At the earliest, a group of scholars were invited to name China wines in Changyu Company in Yantai, including CABERNETSAUVIGNON and Riesling, and CABERNETFRANC were used instead. CABERNETGERNISCHT is a mixture of two or three kinds of CABERNET, which is called CABERNET. When the name is given by a southerner with an accent, it is liberation to pronounce CA as Cantonese. From this, in fact, Cabernet is the translation of Cabernet. " As for Cabernet, Mr. Zhang Leping put it well. He said: "It's like people's surnames. We have Zhang and Wang surnames, but this surname is not used by one family, so other families can't use it. Now Changyu has registered Cabernet, which means that Changyu has registered the surname of Zhang in a hundred families, and no one else can use Zhang."

in the professional book of wine, there is the phenomenon of variety variation caused by the cultivation of wine grapes in different places. According to the introduction of Mr. Yang Fengguang, a grape grower who has dealt with grapes all his life in Yantai, "Cabernet Gernischt, a famous wine grape in Yantai, was formed by the hybrid planting of CabernetSauvignon and CabernetFranc introduced from France that year.

V. Is CABERNET the intellectual property right

Changyu is indeed the oldest winery in China. It is true that Zhang Yuxian translated the name of Cabernet, but it doesn't mean that Changyu can register this grape name. Wineries with a longer history than Changyu abound abroad. Even today, I haven't heard that foreign winery has registered Cabernet. If it can be registered abroad, it will be registered long ago. Can Cabernet be as "intellectual property" as Zhang Yu's senior leaders claimed? With such protection of intellectual property rights, can Changyu become the representative of China organization seeking to join the international organization OIV? Ask other domestic wine companies to convince Zhang Yu that they are organizational representatives?

From this, it can't be justified that Changyu registered the grape variety name as a trademark, and the translated grape variety name became an intellectual property right. However, as far as the' Xiebaina' incident is concerned, Changyu can't explain clearly a reasonable and legal reason. Now that it has been approved by the state institutions to obtain the grape variety name as a trademark, where is the justice! Where is the dignity of the country!

Memorabilia of Cabernet Sauvignon:

On July 28th, 28, Mogao Wine Industry in Gansu joined the Alliance of Counterattacking Changyu's exclusive Cabernet Sauvignon resources.

on July 16th, 28, 12 liquor companies jointly issued a declaration, saying that Changyu's exclusive use of the industry's public resources was a malicious registration act.

On May 26th, 28, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce ruled again on the trademark dispute of "Jiebaina": the trademark of "Jiebaina" belongs to Changyu.

In July p>22, the Trademark Office of the State Administration for Industry and Commerce revoked Changyu's "Cabernet" trademark.

In April p>22, the Trademark Office issued a trademark registration certificate of "Jiebaina" to Changyu. Subsequently, 17 companies, including Great Wall, Dynasty and Weilong, subsequently filed trademark revocation applications with the Trademark Office.

In p>21, Changyu Company submitted an application for trademark registration of "Cabernet" to the Trademark Office of the State Administration for Industry and Commerce.