Chinese enterprises should strengthened the management of Intellectual property - Business - Small Business

April 28, Huawei announced in Germany, France and Hungary on the ZTE proceedings, the prosecution including Huawei, ZTE violation of the relevant data card, LTE patent and trademark rights and a series of intellectual property issues, this is a month under clause ZTE the second brought to the dock.

Prior to this, "Wong Lo Kat" and the trademark battle, "Baidu Library" infringement of intellectual property and other popular events have put the issue into the cusp. Right now, something I know these two events not covered, Huawei, ZTE letting eat the lawsuit raises a series of infringement cases reflect all walks of life: this in the end was accidental, or any possible outbreak of the crisis?

Fair is perhaps the epitome of the status quo of intellectual property rights, in this year's trade, industry and commerce departments have received complaints from 31 cases of trademark infringement cases. In the Canton Fair held in the seminar on IPR protection, international trade negotiations, the Ministry of Commerce Chong Quan, deputy representative also admitted that the Internet is becoming a serious copyright issues, China faces severe challenges of intellectual property protection.

In fact, before the financial crisis has so many companies feel the painful experience, many companies realized the science and technology to promote industrial upgrading, innovation has become a common trend, as the intellectual property rights in Guangdong province, is particularly prominent. According to statistics, Guangdong last year, the amount of 152,907 patent applications throughout the year, an increase of 21.7%, of which 40,866 patents, up 26.7%; the amount of 119,346 patents, an increase of 42.7%, of which 13,691 invention patents, an increase of 20.6%.

In the context of industrial transformation and upgrading, business development is the path towards what we urgently need to address the problem. Meanwhile, in foreign high-tech leader in the case of small and medium enterprises bigger and stronger intellectual property rights on their own, but also the advantage to play a very important condition.

However, repeated violations Why is a violation of corporate loopholes initiative, or lack of intellectual property business concept of "unconscious" infringement? Especially in the increasingly rapid development of the Internet today, some hope through the past experience in handling IPR infringement case no obvious way to regulate the role. How should companies protect their intellectual property without infringing the intellectual property of others?

? Case

Trademark dispute highlights the awkward situation of intellectual property

Set off a huge wave of public opinion battle for Wong Lo Kat upgrade is a trademark fairly representative of the case. Fuse is the battle for the upgrade in March this year, Guangzhou Guangzhou Pharmaceutical Group, COFCO authorized use of the trademark rights to market the "Wong Lo Kat solid element porridge" and "Wong Lo Kat chain green beans cool" and other new products, the packaging of these products and red Wong Lo Kat is quite similar tank, which caused the company's strong opposition JDB. JDB Guangzhou Pharmaceutical and different opinions on both sides, progress events confusing.

JDB Star Group Vice President Yang love that wide grain Guangzhou Pharmaceutical Group Co., authorized use of Wong Lo Kat in violation of trademark principle of good faith, misleading trademark licensee (wide grain), to mislead consumers. Guangzhou Pharmaceutical Group does not porridge products Wanglaoji the exclusive right to the trademark, so Guangzhou Pharmaceutical Group, is entirely in the porridge products are "not entitled to be granted." JDB also claims that after the widely produced Wanglaoji COFCO congee "packaging infringement."

Guangzhou Pharmaceutical say that, independently of its mandate and operation of JDB "Wong Lo Kat" brand trademark has been due in May 2010, and has issued JDB side letter. JDB called "not seen the letter even extensive drug," also said the contract does not expire. Some experts said the move may be considered Guangzhou Pharmaceutical JDB brand licensing fees over the past few additional intended.

JDB on Guangzhou Pharmaceutical authorized use of the trademark rights date back to 90s of last century. In 1997, Hung Road, Guangzhou Pharmaceutical Holdings and Hong Kong signed the "Wong Lo Kat trademark licensing contract," Chen Hong Road, JDB Group started to use as a platform to invest in the Mainland of red cans Wong Lo Kat herbal tea business.

Due to historical reasons, she had descendants have only Hong Kong and overseas trademark ownership, and ownership of the mark in the Canton China Pharmaceutical Group hands. November 2002, Guangzhou Pharmaceutical Group and with the descendants of Wang Jian Wang received a 10-year instrument in the hands of the foreign trademark rights. As a result, Guangzhou Pharmaceutical Group, JDB Wanglaoji family and business relationships to form a triangle.

In fact, the dispute has been created in the last year, November 10, 2010, Guangzhou Pharmaceutical Group declared that "Guangzhou Pharmaceutical Wong Lo Kat" brand valuation reached 108.015 billion yuan, while also relying on Wanglaoji Pharmaceutical announced a "major health industry alliance Wong Lo Kat . " This is reminiscent of a 2009 data, Wong Lo Kat herbal tea sold a single product of 160 billion, while operating from the Guangzhou Pharmaceutical Group's "Green Box Wong Lo Kat" only 10 billion, while the rest is pot Wong Lo Kat Cadogan Baohong contribution.

Wong Lo Kat "red-green battle," the dust yet, in January of this year, Guangzhou's Baiyun Mountain Medicine Chinese Medicine Co., Ltd., Hutchison Whampoa launched the "Great health products," Shen Nong Baiyun Mountain wine. March 3, has announced that its Guangzhou Pharmaceutical in Guangzhou Wanglaoji Pharmaceutical will be Baiyun Mountain and Hutchison Whampoa "White Cloud Mountain Tea" series of the total agents, will integrate green box Wong Lo Kat herbal tea brands, and Baiyun Mountain, the two sales channels.

This in turn led to Guangzhou Pharmaceutical Wanglaoji transmission in Hong Kong, Hong Kong, chairman of medicine with hing, chairman of Wang Jian Wanglaoji instrument dissatisfied, he believes that in any case do not agree with the implementation of this agent sales practices. And that contract expires in 2012, its or will not contract with Guangzhou Pharmaceutical Group "overseas trademark rights."

Wong Lo Kat trademark dispute is the case, but it is also the epitome of intellectual property status quo. In the old brand in the market, hamstrung the context of how to regulate the use of old order and how to mark the national enterprises bigger and stronger? In the context of industrial transformation and upgrading, how companies protect their intellectual property rights in the case without infringing the rights of others?Current wealth case, invited experts to our in-depth analysis of all walks of life.

iAutoblog the premier autoblogger software