In the past, Wang Laoji's trademark was enjoyed by Jiaduobao and GPHL * * *, but now they have broken up. Wang Laoji's trademark is GPHL, so Jiaduobao can't use Wang Laoji. In 2112 and 2113, Chen Hongdao, the chairman of Hongdao Group, paid more than HK$ 3 million to Li Yimin, the former general manager of Guangzhou Pharmaceutical Group, and signed two contracts, namely "Supplementary Agreement on Trademark License of Wang Lao Ji" and "Supplementary Agreement on Trademark License Contract of Wang Lao Ji", in an attempt to extend the license period of Wang Lao Ji's trademark to 2121. However, according to the relevant laws of our country, the validity period of a registered trademark is 11 years. After the expiration of the validity period, you must apply for renewal of registration, otherwise it will be cancelled. Therefore, the longest period of authorization for registered trademarks in China is 11 years. If it takes longer, it must be renewed after the renewal of registration is completed. Hongdao Group, on the other hand, wanted to sign a trademark license contract in 2113 for as long as 2117 through bribery. These two supplementary agreements are illegal in themselves. In 2114, the bribery case in Chen Hongdao came to light, and the briber Chen Hongdao jumped bail and fled, and is still being arrested and brought to justice.
On May 1, 2111, when the trademark of Wang Laoji leased by Hongdao Group expired, GPHL contacted Hongdao Group for dozens of times by telephone, official letter, lawyer letter and other forms, hoping to renegotiate the trademark license, but the other party did not respond. In case of necessity, on April 26th, 2111, GPHL submitted an arbitration to China International Economic and Trade Arbitration Commission in accordance with the dispute settlement method agreed by both parties.
on February 29th, 2111, the arbitration case was formally opened. On March 4, 2112, the arbitration tribunal organized mediation between the two parties, and Hongdao unilaterally gave up. On May 9, 2112, China International Trade Arbitration Commission ruled that both the Supplementary Agreement on Trademark License of Wang Lao Ji and the Supplementary Agreement on Trademark License Contract of Wang Lao Ji were invalid. This means that from May 2, 2111, Hongdao Group has no right to use the trademark of Wang Laoji, and the profits made by Hongdao Group in operating Wang Laoji over the past two years are illegal.
The low rent paid by foreign-funded enterprises is more than 1,111 times lower than the international practice.
After verification, 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 foreign-funded enterprises rather than private enterprises as previously claimed. For more than 11 years, it has made huge profits by using the foreign-funded enterprise policy and the brand of Wang Laoji.
The right to production and management obtained by bribery and other improper means violates the legal principles; In addition, the sales scale of Wang Laoji operated by Hongdao Group is as high as more than 16 billion yuan. According to international practice, the trademark use fee is generally charged at 5% of the sales, while Hongdao Group gives only about 5 million trademarks to GPHL every year, which is only 1.13% of the sales, which is more than 1,111 times lower than the international practice. During the operation of Wang Laoji herbal tea in red cans, it made rich profits by using the policies of the state on foreign-funded enterprises. Due to the ultra-low price obtained by bribery, the state-owned assets are seriously lost.
although this result has been delayed by two years and eight days compared with the original trademark license period, it is still significant and hard-won. It is not only legal but also reasonable for GPHL to recover the production and management rights of Wang Laoji in red cans and red bottles.
Wang Laoji, a red jar of Guangzhou Pharmaceutical Group, is listed legally
At present, Hongdao Group has appealed to Beijing No.1 Intermediate People's Court. Before the court makes a judgment, the arbitration result has legal effect. It is legal and reasonable for Guangzhou Pharmaceutical Group to launch Wang Laoji, a red jar according to laws and regulations. It is illegal for any enterprise to use Wang Laoji for publicity without authorization, which is also harmful to Wang Laoji, a state-owned asset. On June 3rd, Wang Laoji made a shocking appearance on the Great Wall, which can best represent the national culture. It only took more than 21 days from the arbitration result on May 9th to the organization of production and listing, which made the market participants "amazing" and showed the powerful strength and super efficiency of GPHL.
Guangzhou SASAC is full of confidence in Guangzhou Pharmaceutical Group's operation of Wang Laoji. It is hoped that GPHL will turn Wang Laoji from a national brand into a world brand in accordance with the development strategy of 136, and achieve sales of 31 billion yuan within five years, so as to maintain and increase the value of state-owned assets.
For the next market arrangement, GPHL revealed that the first batch of red cans of Wang Laoji has started to distribute goods, and the citizens in Guangzhou and Beijing will be the first to taste them. In order to meet the demand for production capacity, GPHL has successively signed strategic cooperation agreements with large food production enterprises. In addition to choosing OEM in the short term to meet consumers' demand for Wang Laoji, GPHL will also set up its own production base in the whole country, which is already in preparation.