"Wahaha" trademark dispute can be appealed by the Hangzhou chamber dismissed

Every reporter Zhang Yifan Wang Wenxian from Chengdu, Shanghai, a span between Danone Wahaha, up to two years of "Wahaha" trademark ownership of the dispute seems to be seen. The daily economic news reporter learned yesterday that Zhejiang Hangzhou Intermediate People's Court had made a final decision on May 21 this year, dismissing the Danone group's application for the cancellation of the Hangzhou Arbitration Committee award, and ruled that the "Wahaha" trademark, which was registered abroad, was ultimately owned by the Wahaha Group. However, for this result, Danone yesterday sent a statement to the report that the court ruled that the Danone side would lodge a complaint with the higher level Chinese judicial authorities.　　On the other hand, the Stockholm Chamber of Commerce International arbitration (SCC) trial of an arbitration, is regarded as the "War of Dawa" last, it is estimated that the results next month.　　The trademark is awarded to Wahaha Group according to the final decision of Hangzhou Intermediate People's Court of Zhejiang Province, whether it is a "Wahaha" trademark registered in China or a "Wahaha" trademark registered abroad, the owner can only be the Wahaha group. "In spite of winning the lawsuit, we won not easily and at a very expensive price." These two years, a combination of factors, we lost at least several billion. Wahaha Group chairman Zong Qing said to reporters yesterday. Zong said that before, the Chinese people were too honest, and in cooperation with foreign-funded enterprises to eat a lot of losses. When disputes arise, the costs of litigation are high.　　However, over the years, China's economic development, Chinese enterprises began to gradually strong, should slowly rely on legal weapons to safeguard their legitimate rights and interests. In fact, to provoke this lawsuit, is in the introduction of foreign investment, strategic mistakes caused. Zong explained that before, Chinese enterprises in cooperation with foreign capital, always want to rely on the market for technology, but do not know that they have become the other side of the cheap labor. Take Dawa cooperation, Tatsu can invest 1 billion, these years from Wahaha received dividends, profits, add up but there are 4 billion, finally we have to face by the other party acquisition, Rob the fate of the trademark. Zong Qing solemnly said that, in the future, cooperation with foreign-funded enterprises must be cautious, even if the cooperation, the other party will have to take a stake in the core technology, both sides stand on the level of equality and mutual benefit development. "It is reported that Danone group first with the Wahaha Group signed a" trademark transfer agreement ", reported to the National Trademark Office was dismissed. After that, the two sides signed two agreements on the transfer of trade mark rights. Only the joint venture company has the right to use the "Wahaha" trademark, approved by the National Trademark Office, and is called "Yang contract." Another non-approval agreement, agreed more than the "Yang contract" rights of more content, in addition to the joint venture company can use the "Wahaha" trademark, the Chinese side can not permit the use of "Wahaha" trademarks of third parties. Consent of the JV company is required if the use is to be used. According to the agreement, the joint venture became the actual controller of the "Wahaha" trademark.　　This is also the Danone group adhere to the "Wahaha" trademark has been transferred to the joint venture company's important basis. Danone will also lodge a complaint that, for Danone, is clearly unacceptable.The result of the lawsuit. Yesterday, Danone Group sent an official statement on the matter to this newspaper. Statement that the company confirms that it has received the ruling of the Hangzhou Chinese Academy to maintain the arbitration award (Wahaha overseas trademark belongs to Wahaha Group), "The Trade mark Transfer Agreement is only a subordinate agreement of the joint venture contract, and the Hangzhou Arbitration Commission has ruled that the agreement on the transfer of trade marks will terminate and the JV contract cannot　　The Wahaha Group's trademark investment obligation stipulated in. The statement said that the joint venture and the Wahaha Group signed on February 29, 1996, the "trademark transfer agreement" expressly agreed that the Wahaha group will be the total value of 100 million yuan, the Wahaha series of trademarks through the financing and sale of the overall transfer to the joint venture, The transferred trademarks include both the Wahaha group's registered and registered trademarks in China ("domestic trademarks"), and the Wahaha Group's overseas trademarks. The JV company has fully fulfilled its obligations under the Trade mark Transfer agreement to pay for the purchase of the domestic trademarks and overseas trademarks, and the Wahaha Group has acquired a stake in the joint venture company corresponding to the trademark contribution. For more than more than 10 years, the Wahaha group has also received dividends in proportion to its equity share.　　However, after acquiring the foregoing interests and rights, the Wahaha group did not transfer the domestic trademark to the JV company, nor did it transfer the overseas trademark to the JV company, which seriously violated the provisions of the trademark Transfer agreement. At the same time, the transfer procedures of "overseas trademarks" shall be handled according to the laws and requirements of the country or region where the trademark is registered, and the approval of the China National Trademark Office is not required. Thus, even assuming that the state Trademark Office at that time made a "dismissal" decision on the "domestic trademark" transfer, nor should it affect the legality and validity of the transfer of "overseas trademarks" as stipulated in the Agreement on the transfer of trademarks, and the State Trademark Office has expressly stated in the legal document that it has never made any decision to dismiss the application for the transfer of "domestic trademark". Because the Wahaha group has never officially been to the National Trademark Office to deal with domestic trademark transfer procedures.　　The court ruled that the Danone side would lodge a complaint with a higher level of Chinese judicial authorities. It is said that around July this year, the Stockholm Chamber of Commerce international arbitration will be able to sue the Wahaha group engaged in the competition, such as 8 international arbitration final decision.　　Perhaps by then, the final outcome of the battle for Danone will be seen. Media statistics, the Battle of Dawa 2 years, has been closed litigation and arbitration has a total of 39, Wahaha group wins every battle. Now that the arbitration is left only in SCC, Qianweiqing, a lawyer for Wahaha yesterday, said it was not possible to determine the time of the results.