Recently, the "red-green dispute" between Jiaduobao and GPHL has been raging again. Jianyi Wang, a direct descendant of Wang Laoji, the chairman of Hong Kong Tongxing Pharmaceutical Co., Ltd. and the new chairman of Wang Laoji Joint Venture Company, publicly told the media that he supported the Jiaduobao Group to which Wang Laoji belongs and hoped to integrate Wang Laoji trademarks at home and abroad into Wang Laoji Pharmaceutical Co., Ltd. during his term of office. In this regard, GPHL insisted that it had issued a lawyer's letter to Wang Laoji trademark user Jiaduobao at the end of last year to formally terminate the authorization. If it is necessary to renew the contract, we will talk about cooperation again. Where the red pot Wang Laoji goes is of concern. Behind Wang Laoji's "Red-Green Debate"
The interests behind the "red-green dispute" between GPHL and Jiaduobao are still at work. At present, the two sides are at a critical moment in the game. "GPHL doesn't really want to get back Wang Laoji's trademark, but tries to achieve two purposes by' proposing to cancel the contract': one is to increase the rental price and continue cooperation, and the other is to expand the cooperation content between the two parties. It does not rule out renting other herbal tea brands to expand the herbal tea industry." Market participants believe that "even if it really recovers, Guangyao can further expand the herbal tea industry with the platform of Wang Laoji Pharmaceutical, and finally achieve the goal of a big health industry." Wang Jianyi said that when Tongxing Pharmaceutical and Guangyao (265,438+0.40, 0.20 and 0.94%) jointly established Wang Laoji Pharmaceutical in 2004, both parties agreed to transfer Wang Laoji's trademarks at home and abroad to Wang Laoji's joint venture company, but GPHL "has never been implemented". Jianyi Wang hopes that during his term of office, "Wang Laoji's trademarks at home and abroad will be transferred to the joint venture as soon as possible, paving the way for Wang Laoji herbal tea to become an international beverage brand".
In this regard, Guangyao said, "Tongxing Pharmaceutical mentioned this requirement during the joint venture, but we did not agree." According to the above-mentioned insiders, according to the usual practice, intangible assets will be stripped off first when establishing a joint venture company, and intangible assets will not be put into the joint venture company, because this involves the problem of how to divide intangible assets after the cooperation is terminated. "After the listing of Guangzhou Pharmaceutical 1997, the trademark ownership of all holding companies will belong to Guangzhou Pharmaceutical Group, and it is impossible to put Wang Laoji trademark into the joint venture company for joint venture in 2004." The discussion of the board of directors has not been announced yet.
On the eve of the opening of the board of directors of Wang Laoji Pharmaceutical, a direct descendant of Wang Laoji appeared, accusing Guangyao of failing to perform trademark transfer. However, according to industry sources, GPHL has made great plans for the future development of the Wang Laoji brand, and the possibility of letting go is very small.
Recently, many media published soft advertisements in the name of Jianyi Wang, the chairman and direct descendant of Wang Laoji Pharmaceutical Co., Ltd., publicly accusing GPHL of failing to fulfill its promise to transfer the trademark of Wang Laoji to Wang Laoji Pharmaceutical Co., Ltd., but strangely, it was published on the eve of the opening of the board of directors of Wang Laoji Pharmaceutical Co., Ltd., which made the once-cooled dispute of Wang Laoji once again become the focus of media attention. However, according to sources, Jianyi Wang's move has another purpose, that is, to realize the control of Wang Laoji's trademark by Jiaduobao, the interest group behind it, through media pressure. However, neither party will disclose any information about the resolution made by the board of directors the day before yesterday.
However, it is known from other sources that Wang Laoji's board of directors has 9 members, including 3 Guangzhou Pharmaceutical, 3 Tongxing Pharmaceutical, and 3 independent directors including Mao Yunshi, a famous economics professor. Obviously, independent directors play a vital role in the voting of Wang Laoji Pharmaceutical.
Jianyi Wang chose to put pressure on Guangyao through soft-text advertisements at this time. There is actually another important reason. In March, Guangyao handed over Baiyun Mountain and Huanger White Tea to Wang Laoji Pharmaceutical for distribution, which made Jiaduobao feel nervous. A person familiar with Wang Laoji revealed that Jiaduobao also wants to make bottled Wang Laoji, but there is no finished product yet. Once Wang Laoji Pharmaceutical began to distribute Baiyun Mountain and Huanger White Tea, it meant that Wang Laoji Pharmaceutical quickly cut into the bottled market. This incident made Jiaduobao feel that their control over Wang Laoji Pharmaceutical was gradually lost, which was also one of the topics of the board of directors the day before yesterday. The new authorization behavior of Guangzhou Pharmaceutical undoubtedly caused the trademark competition between Guangzhou Pharmaceutical and Jiaduobao to rise again. Jiaduobao told reporters that although the new Wang Laoji product launched by Liang Guang Industry is not herbal tea, it is very similar to the red jar Wang Laoji in appearance and is suspected of infringement.
"Jiaduobao Group has always resolutely safeguarded the reputation of the entire Wang Laoji brand and the rights and interests of consumers. We have been committed to promoting the entire century-old brand of China Herbal Tea to the world, so we will resolutely resist any violation of Wang Laoji's rights and interests. " This is stated in the email sent by Jiaduobao to reporters yesterday. 112065438 On the evening of May 9, GPHL announced that according to the ruling of China International Economic and Trade Arbitration Commission on May 9, 20/kloc-0, GPHL and Jiaduobao's parent company Hongdao (Group) Co., Ltd. signed the Supplementary Agreement on Wang Laoji's Trademark License and the Supplementary Agreement on Wang Laoji's Stop Using the Trademark. The award is final and takes effect as of the date it is made.
201May 12, Guangzhou Pharmaceutical Group Co., Ltd. (hereinafter referred to as "Guangzhou Pharmaceutical Group") announced that according to the arbitration award of China International Economic and Trade Arbitration Commission, Guangzhou Pharmaceutical Group Co., Ltd. recovered the production and management rights of Hongdao (Group) Co., Ltd. At this point, the dispute between Guangzhou Pharmaceutical and Jiaduobao's parent company Hongdao Group on the trademark of Wang Laoji, which has aroused widespread concern in the food industry and even the society, has finally settled.
The quiet dressing of Jiaduobao seems to be a precursor.
According to the arbitration agent in charge of the GPHL case, Hongdao Group and Li Yimin, a former senior manager of GPHL, signed two supplementary agreements on trademark use license through "abnormal means", which directly led to the loss of state-owned assets. He said that it was because Hongdao Group violated Article 52 of the Contract Law that Hongdao Group lost the case.
Guangyao currently reserves the right of recourse.
On May 20 1212, the case agent of GPHL said in an interview with the Information Times reporter that "the right to investigate the illegal sales of Hongdao Group will be reserved, or the recourse procedure will be initiated." According to public information, during the two years of 20 10 and 20 1 1 0, the sales of Wang Laoji in red cans reached/kloc-0.6 billion yuan to/kloc-0.8 billion yuan.
According to the agent, Guangzhou Pharmaceutical has three ways to pursue trademark infringement in the past two years. First, calculate compensation according to the profits earned by Wang Laoji in the red jar; Second, according to the accounting standards for business enterprises, the compensation is calculated according to the sales volume of Wang Laoji. Third, according to industry practice.
According to international practice, the trademark use fee should be 5% of sales. "Even Wang Laoji Pharmaceutical, a joint venture company under GPHL, has to pay a trademark use fee of 2. 1% of its sales every year. If Jiaduobao also gives Guangzhou Pharmaceutical a ratio of 2. 1%, it will pay 330 million yuan according to its sales160 billion yuan. "
According to reports, from 2000 to 20 1 1 year, the trademark use fee paid by Hongdao Group to GPHL only increased from 4.5 million yuan to 5.06 million yuan. Even by 2020, the annual rent for trademark use fees will only be 5.37 million yuan.
Do not rule out cooperation with Hongdao again.
Regarding how GPHL will operate after recovering Wang Laoji's trademark right, a senior executive of GPHL who asked not to be named said that he would not rule out the possibility of operating his own business, but would also consider cooperating with relevant enterprises again. When the reporter asked whether he would continue to cooperate with Hongdao, the executive said that it still depends on whether the two sides have the same vision and can contribute to the "Wang Lao Ji" brand. Without any warning, Jiaduobao Group suddenly issued an important statement in official website on May 27th, claiming that Hongdao (Group) Co., Ltd. refused to accept the award made by China International Economic and Trade Arbitration Commission on May 9th, 20th12nd, and filed an application to Beijing No.1 Intermediate Court on May 7th, 20th12nd to cancel the above award on the grounds that the award violated relevant regulations. At present, the court has filed a case.
On May 16, the day before Jiaduobao filed a complaint with the court, Jiaduobao held a media briefing in Beijing, expressing "disappointment" and "regret" about losing the trademark case of "Wang Lao Ji". When answering "whether to appeal", Jia Duobao said that "relevant laws are being actively studied, and whether to choose to appeal is inconclusive".
Previously, Jiaduobao Group began to gradually promote the operation of "going to Wang Laoji", and the slogan was changed from "Wang Laoji who is afraid of drinking fire" to "authentic herbal tea, produced by Jiaduobao"; The original red can packaging also added the words "Jiaduobao" in large font size; He has repeatedly stressed that he has the secret recipe of Wang Zebang, the founder of herbal tea, and the taste remains unchanged after dressing up, which obviously gives people the feeling that the trademark dispute of Wang Laoji has ended.
According to the arbitration law, if one party applies for cancellation of the award, the people's court shall suspend the other party's application for enforcement of the award; Therefore, GPHL may not apply for enforcement of the award. This obviously made Guangzhou Pharmaceutical Group, which made a high-profile statement after the ruling, unprepared to become bigger and stronger in the "Wang Lao Ji" industry.
After the ruling of the China International Economic and Trade Arbitration Commission came out on May 9, GPHL sent an official letter to Jiaduobao at the first time, requesting to resolve the related infringement issues through consultation. Feng Zhimin, director of the office of the chairman of Jiaduobao Group, also said at the previous media briefing that GPHL may propose hundreds of millions of yuan in compensation. "We believe that all parties will actively seek proper solutions to peacefully transition this situation" and believe that "GPHL will not claim compensation".
Both sides seem to want a peaceful end; Unexpectedly, "infighting" escalated behind the scenes. On May 25th, GPHL issued a solemn statement, which once again broke the calm situation. The statement said, "At present, all kinds of red pot Wang Laoji and red bottle Wang Laoji herbal tea products sold on the market without the authorization of GPHL are infringing goods. Any enterprise or individual selling the above products will constitute trademark infringement, and GPHL reserves the right to pursue the legal responsibility of the relevant infringers. " He also stressed that without the authorization of GPHL, any enterprise has no right to publish any product management information and commercial advertisements about "Wang Lao Ji", "Wang Lao Ji in a red jar" and "Wang Lao Ji in a red bottle", nor is it qualified to spread false information such as "Wang Lao Ji in a red jar changed his name". It is self-evident that GPHL is aiming at it. It is understood that there are still some red cans and bottles of Wang Laoji herbal tea on the market.
On May 28th, Jiaduobao will hold a national listing ceremony of herbal tea in Beijing, which is said to be "definitely shocking"; GPHL will also hold a media briefing on Jiaduobao's complaints. The relationship between GPHL and Jiaduobao should start from 2000.
Signing the main trademark contract in 2000 (time limit 2010);
The first supplementary agreement was signed on June 5438+065438+ 10, 2002 (the term was extended to 20 13). Prior to this, Li Yimin, former boss of GPHL, accepted HK$ 2 million from Chen Hongdao, chairman of Hongdao Group.
In June 2003, the second supplementary agreement was signed (the term was extended to 2020), and Li Yimin accepted Chen Hongdao's HK$ 6,543,800+,and Li Yimin was subsequently dismissed;
2010110/0, Guangzhou Pharmaceutical announced in Beijing that the brand value of Wang Laoji was over 100 billion, and then Jiaduobao issued a statement clarifying that it had no affiliation with Guangzhou Pharmaceutical, making the contradiction public;
2011April, GPHL submitted an arbitration application for "Wang Lao Ji trademark";
201165438+February "Wang Lao Ji trademark" case entered the arbitration procedure;
On may 12, 1 1 day, GPHL received the award of China international economic and trade arbitration commission dated may 9, 20 12, and GPHL won the case. Guangyao's lease of the right to use Wang Laoji's canned trademark seems to be a "win-win" transaction-it not only helped Wang Laoji, who had a fire with Jiaduobao, but also created the market of Tetra Pak Green Wang Laoji. However, the huge digital contrast between the 8 billion red cans and the 700 million green boxes makes Guangzhou Pharmaceutical.
I paid so much effort, but I was easily hitchhiked by Guangyao. However, Jiaduobao just turned a blind eye, and the word "forbearance" came first. After all, the real owner of Wang Laoji is Guangyao. For Gatobao, it is the key to have a good relationship with Guangzhou Pharmaceutical, because it is related to the renewal of the lease of Wang Laoji brand by Jiaduobao.
Neither party seems willing to mention the amount of the lease contract signed in that year and the last renewal. Both He Shuhua and He Qing said that they were "unclear" about this matter, and the marketing department of Jiaduobao (Guangdong) Co., Ltd. did not respond to the reporter's interview request. It is reported that in 20001year, Hong Kong Hongdao Group gave Li Yimin, the former vice chairman and general manager of Guangzhou Pharmaceutical Group, HK$ 3 million in three times in order to renew the trademark use contract with Guangzhou Pharmaceutical Group (he was sentenced to life imprisonment by Guangzhou Intermediate People's Court for accepting bribes in 2005).
Although He Shuhua answered affirmatively that Jiaduobao's lease on the brand management right of Wang Laoji will not expire until 2020, the announcement of the State Trademark Office shows that, consistent with the time in the Li Yimin case, GPHL renewed the lease of Wang Laoji brand of Hong Kong Jiaduobao Group from 2003 to 20 13 years.
Wang Hao, general manager of Beijing Best Dave Times Intellectual Property Agency Co., Ltd. told the reporter that the cooperation intention reached by both parties may be until 2020, but the license validity period of a trademark is 10 year, so it needs to be renewed every 10 year. But this does not mean that Jiaduobao can definitely use 2.
In 2020, because by 20 13, if one party reneges, whether the contract can be protected by law depends on the contract.
The "sequela" of Li Yimin's bribery case will last until 20 13. As for GPHL, will it continue to "borrow light" from Jiaduobao, or will it be willing to share a slice of the huge profits, or will it "kick down the bridge" and take away the land invested by Jiaduobao? Everything is unknown.