WANG LAOJI AND JDB RED TANK BATTLE FINAL VERDICT

In August 16th, the Supreme People's court in the first court of appeal of Guangdong jiaduobao Food Co. Ltd. (hereinafter referred to as jiaduobao) and the appellee Guangzhou Wanglaoji big health industry Limited (the company health), Guangzhou Pharmaceutical Holdings Limited (hereinafter referred to as gphl) unauthorized use of well-known commodity specific packaging and decoration disputes two case open verdict appeal. The Supreme People's court ruled that gphl and jiaduobao formed the "red tank Wong Lo Kat herbal tea packaging" rights are made an important contribution in the premise of both sides can not damage the legitimate interests of others, to enjoy the "red tin Wanlaoji herb tea" package decoration rights.

July 6, 2012, Guangzhou Pharmaceutical Group and jiaduobao respectively on the same day to the courts, should enjoy the "red tin Wanlaoji herb tea" well-known commodity specific packaging and decorating rights, which refers to the packaging of V. red pot of herbal tea production and sales of other commodities constitute infringement. Guangdong Provincial Higher People's Court of first instance that the "red tank Wong Lo Kat herbal tea packing decoration" rights should gphl, red pot of herbal tea company has a large health by gphl authorized production and sales do not constitute infringement. Because companies do not enjoy the jiaduobao packaging rights, so the production and sales of a "Wang Laoji", "jiaduobao" side and two "jiaduobao" red pot of herbal tea constitutes infringement. The first instance court then ordered the company to stop infringement jiaduobao, published a statement to eliminate the influence, and gphl compensation for economic losses of 150 million yuan and reasonable rights costs more than 26 yuan.

JDB company refused to accept the two case verdict, appeal to the Supreme People's court. The Supreme People's court ruled that the case of the well-known commodity "red cans herbal tea Wang Laoji", in Wang Laoji the red cans herbal tea product tank including "yellow Wang Laoji red background color, text, pattern and combination parts, the whole content, for the specific packaging and decorating of well-known commodity. Gphl and JDB for specific packaging and decorating of the red cans herbal tea Wang Laoji rights, specifically, as the "Wang Laoji" trademark rights, gphl believes that due to the "Wang Laoji" trademark is a part of the packaging can not be divided, and played a significant role in recognition indicating the source of goods, consumers certainly that red cans Wang Laoji herbal tea from the "Wang Laoji" trademark rights, and formulation, and will not affect the taste of the consumer goods identification and judgment. As the red tank Wong Lo Kat herbal tea once the actual operators, JDB company believes that the problem of packing rights and "Wong Lo Kat" trademark belongs independently, without mutual influence. Consumers are produced by JDB and select the specific formulation of the red tank Wong Lo Kat herbal tea, the packaging decoration company used by JDB and combined with the related rights and goods, packaging and decoration should belong to jiaduobao.

The Supreme People's court believes this combination of red tin Wanlaoji herb tea history, cognition and fair principle of cooperation between the two sides, the background of consumer concerns, because of its predecessor, JDB gphl company and its affiliates are involved in the packaging and decoration rights of the formation, development and achievements of their goodwill, played a positive role the packaging and decoration rights completely sentenced all belong to one party, will lead to unfair results, and may damage the interests of the public. Therefore, the well-known commodity specific packaging and decorating rights, based on the principle of honesty and credit and respect for the consumer perception does not damage the legitimate rights and interests of others, can be shared by gphl and jdb. On this basis, called the red pot of herbal tea JDB company production and sales of the commodity and gphl, JDB company called red cans herbal tea company production and sales of health goods according to the authorization of gphl constitutes unauthorized use of another well-known commodity specific packaging and decorating rights that could not be established, the gphl and jiaduobao claims were rejected.

The Supreme People's court also pointed out that the final judgment, the intellectual property system is to protect and encourage innovation. The employee by honest labor, good faith management way of creation and accumulation of social wealth, should be the protection of law. The judicial protection of intellectual property rights should be to safeguard the orderly norms, fair competition, dynamic market environment and provide legal responsibility, is expected to clear to the public. Intellectual property disputes usually occur in complex historical and realistic background, the rights and interests of the division and balance of interests are often intertwined. To deal with such disputes, many factors need to be historical causes, we fully consider and respect dispute present use, consumer awareness, in order to maintain honesty and respect the objective reality as the basic principle, strictly abide by the legal guidelines to fair and reasonable solution to the dispute. The Supreme People's court is the position and the basic principles based on the premise, confirmed the two sides without prejudice to the legitimate interests of others, can enjoy the common well-known commodity specific packaging and decorating rights. Gphl and JDB, had to "Wong Lo Kat" brand reputation accumulation, make a positive contribution. To effectively improve enterprise visibility at the same time, also has obtained the huge market interest. But in the "Wong Lo Kat" trademark licensing relationship after the termination of both parties involved in intellectual property disputes, litigation amount is huge, has caused some concern and worry in public, there may be loss of social evaluation and enterprise. In this regard, the two sides should be based on mutual understanding, reasonable avoidance spirit, good faith judgment, uphold the corporate social responsibility should be cherished, operating results, respect to the market behavior of consumer trust, honest and trustworthy, standardized, as a national brand bigger and stronger, for the consumer to provide more high-quality products and work.

The above content from the network, if related to copyright please contact enjoy the sleep technology business E-mail: 0001@xymian.com delete, thank you!