In the past, Wang Laoji's trademarks were Jiaduobao and Guangzhou Pharmaceutical Group * * *, but now they are quarreling. Wang Laoji's trademark belongs to Guangzhou Pharmaceutical Group, and Jiaduobao cannot use Wang Laoji. In 2002 and 2003, Chen Hongdao, the chairman of Hongdao Group, paid more than HK$ 3 million to Li Yimin, the former general manager of GPHL, and signed two contracts, namely, Wang Laoji Trademark License Supplementary Agreement and Wang Laoji Trademark License Contract Supplementary Agreement, in an attempt to extend the license period of Wang Laoji trademark to 2020. However, according to the relevant laws and regulations of our country, the validity period of a registered trademark is 10 year. After the expiration of the validity period, you must apply for renewal of registration, otherwise it will be cancelled. Therefore, the longest authorization period of registered trademarks in China is 10 year. If it takes longer, it must be updated after the update registration is completed. Hongdao Group wanted to sign the trademark license contract of 17 years in 2003 by bribery, and these two supplementary agreements were illegal in themselves. In 2004, Chen Hongdao's bribery case was exposed, and Chen Hongdao, the briber, absconded without bail, and has still been arrested and brought to justice.
On May 1 2065438, the trademark lease of Wang Laoji of Hongdao Group expired, and GPHL contacted Hongdao Group dozens of times by telephone, official letter and lawyer's letter, hoping to renegotiate the trademark license, but the other party did not respond. If necessary, on April 26th, 20 1 1, GPHL submitted the dispute to China International Economic and Trade Arbitration Commission for arbitration according to the dispute settlement method agreed by both parties.
20 1 165438 was formally put on file for arbitration on February 29th. On March 2012 14, the arbitration tribunal organized both parties to mediate, and Hongdao unilaterally gave up. On may 9th, 20 12, China international trade arbitration commission ruled that both Wang Lao Ji's trademark license supplementary agreement and Wang Lao Ji's trademark license contract supplementary agreement were invalid. This means that from May 2, 20 10, Hongdao Group has no right to use the trademark of Wang Laoji, and the profits made by Hongdao Group in operating Wang Laoji in the past two years are illegal.
The low rent paid by foreign-funded enterprises is 100 times lower than the international practice.
It has been verified that Jiaduobao Group is a foreign-funded enterprise registered in the British Virgin Islands and a wholly-owned subsidiary of Hongdao Group. Its enterprise nature is a foreign-funded enterprise, not a private enterprise as previously mentioned. 10 For many years, he has used the foreign-funded enterprise policy and the brand of Wang Laoji to make huge profits.
The right to production and management obtained by bribery or other improper means violates the statutory principles; In addition, the sales of Wang Laoji operated by Hongdao Group reached 654.38+06 billion. According to international practice, the trademark use fee is generally charged at 5% of the sales, while Hongdao Group only gives Guangzhou Pharmaceutical Group about 5 million trademarks every year, which is only 0.03% of the sales, which is 654.38+000 times lower than the international practice. During the operation of Red Pot Wang Laoji Herbal Tea, it made huge profits by using the state's policy towards foreign-funded enterprises. Due to the ultra-low price obtained by bribery, the loss of state-owned assets is serious.
Although this achievement is two years and eight days later than the original trademark license period, it is still of great significance and hard-won. It is not only legal but also reasonable for GPHL to take back the production and management right of Wang Laoji.