The Contract Terminated Without An Agent'S Injury. Be Careful Of The International Brand Of Flying Legs.

Signed a two year distribution contract, invested heavily in advertising, the brand just hit a reputation, but in return for a notice to terminate the contract in advance.

This loss has brought Hongkong Xinya (China) company into contact.

The company and its partners have been in court for nearly a year, and the problem is still hard to solve.

This dispute has aroused the concern of Guangdong General Chamber of Commerce and is actively intervening in mediation.

"This is the first case of foreign brand agency disputes that our General Chamber of Commerce has come to conciliation, which is very vigilant for domestic private enterprises."

Chen Haiyan, vice president of the Guangdong Provincial General Chamber of Commerce, said that the case is a wake-up call for private enterprises eager to cooperate with foreign famous brands.

BALLYGOLF is an internationally renowned Golf casual wear brand, and its trademark holder is a Swiss company.

Hongkong Changxin (Asia) trading company signed the "distribution agreement" for two years in 2002 with the Hongkong Yi Ying company, which owns the brand's sales right in the mainland market of China, and specially created the New Asia (China) company to represent the sales of the brand in the mainland.

New Asia Co immediately invested heavily in advertising. Within a year, the flagship store in Libai square in Guangzhou and three stores in Shenzhen, Shanghai and Dongguan opened one after another. The branding offensive launched BALLYGOLF quickly gained popularity in the industry. In 2003, it was rated one of the most popular clothing in the country.

However, just as New Asia Co was complacent to launch "general attack" in more than ten large cities in China, early this year, Yi Ying company sent a notice to terminate the commodity distribution agreement, demanding that new Asia shut down four stores immediately.

New Asia Co is like an abyss.

Chen Minwen, deputy general manager of New Asia Co, said that when the contract was terminated, not only did the company soak up the huge sum of money to enter the market, but even millions of yuan deposits on Yi Ying would not come back.

The New Asia that can not do anything can only accuse Yi Ying (Hongkong) to the Hongkong court.

The dispute over the termination of the contract has not yet been completed, and Yi Ying has found another one.

Chen Minwen told reporters that at present, Yi Ying has already worked with other distributors and opened another store in Shenzhen.

Many people in the industry learned about the incident and said, "before the accident is broken, it is obvious that it is a fraud to start the stove again."

The dispute brought New Asia Co into a process of "dragged on, confused and confused".

Chen Haiyan, vice president of the Guangdong Provincial General Chamber of Commerce, told reporters that in order to recover the losses as soon as possible, the New Asia Co suffered complaints from the provincial people's Congress, the provincial people's Political Consultative Conference, the foreign trade and Economic Cooperation Department and the Provincial General Chamber of Commerce.

The Provincial General Chamber of Commerce recently made a special trip to Hongkong to find relevant persons in charge of the relevant chambers of Commerce.

Chen Haiyan said that the opportunity to settle disputes through mediation is slim at the moment, and New Asia Co is also on the passive side through legal settlement.

The New Asia Co's passivity stems from the fact that the "distribution agreement" signed at the beginning is full of "unequal terms".

Such as: "Party A has the right to terminate this agreement, Party B shall not have any objection, nor shall we recover any losses from Party A."

And so on.

In this regard, the New Asia (China) explanation is that international brands have their international operating standards, so long as they manage well, they can grow together with the top international brands, so they ignore the hidden dangers of the agreement.

Chen Haiyan said that although the relevant laws of Hongkong can also be declared illegal as fraudulent contracts, it is not ruled out that new Asia will win the lawsuit.

It is understood that there are more than 190 golf clubs in China, but the market for this noble sport is almost blank.

New Asia Co undoubtedly saw huge market opportunities, hoping to "squeeze" into the big gold mine by borrowing the reputation of foreign brands. Although the idea is astute, it is unreasonable to be impractical because of its impatience.

According to some professionals, Xinya's parent company has successfully operated many European brands in the Chinese market. Perhaps they believe that they are confident that by expanding the Chinese market's performance, BALLYGOLF will recognize that the distributor is not new in China.

Therefore, knowing the terms and conditions of the distribution agreement is still overbearing.

At present, more and more private enterprises in China are thinking of "borrowing" and acting as agents of foreign brands. However, due to the fact that the law does not regulate the acts of agency, it is necessary to keep a mind to ensure the interests of both sides.

Chen Haiyan said that aside from unfair terms, signing such an agency clause may be a loss for itself. If Yi Ying company did not tear up the contract ahead of time, it would replace the New Asia Co after two years.

Some legal experts say that the probability of disputes arising from the hierarchy of agents is much higher than that of ALLYGOLF, so the interests of agents at the end are often hard to guarantee.

At the bottom of the domestic agents, we must know the depth in advance.

The Chinese trademark has been put on the shelf, the foreign party has acquired the intellectual property rights of the Chinese side and the foreign party has "packed up" when pferring the technology. Recently, this phenomenon has frequently occurred in Sino foreign joint ventures and cooperative enterprises, which has brought heavy losses to the intellectual property rights of Chinese enterprises.

The experts from the Shanghai Intellectual Property Bureau found that when the joint venture was established, the foreign parties often used technology to pfer shares or pfer technology to the Chinese side, but they were always "stuffy bags". They did not tell the specific content of the patent technology. After the Chinese side paid the fees, the foreign patent list was issued. Only 1/3 was a valid application in China. We paid a large sum of tuition fees in vain.

Some foreigners even don't list the patent list, just tell you how much patents and technical secrets I have in this technology.

China has signed the agreement because of its lack of bargaining chips in the hands.

Han Xiu Cheng, director of the Research Office of the State Intellectual Property Office, said that after the trademark was launched, the product was sold well, but it caused great losses to the Chinese side.

This loss is not only the loss of intangible assets, but also seriously affects the long-term development of enterprises.

Because China not only pays a large amount of trade mark fee to the foreign party every year, but once the joint venture expires, when China wants to use its original trademark, the consumer has already forgotten it.

In the course of investigation, experts from the Intellectual Property Office discovered that when the foreign side permits the Chinese side to use its patented technology, it often gives the Chinese low-level technology, while the core technology requires the Chinese side to ask the Chinese side to purchase specific equipment or accessories.

As a result, China can neither rely on core technology nor rely on foreign equipment or accessories in production.

Experts from the State Intellectual Property Office pointed out that the legitimate rights and interests of intellectual property rights in joint ventures and cooperative enterprises in China are weakened or even seriously lost.

Experts suggest that the terms of intellectual property rights should be added to the corresponding model of the joint venture contract, and the relevant legal provisions or approval procedures require that joint ventures should have relevant provisions on intellectual property rights when they are established.

Only in this way can we grasp the initiative in international cooperation and achieve the goal of win-win.