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    Hongkong'S "Shadow Company" Is Famous For Its Clothing Brand.

    2010/7/30 15:37:00 97

    Clothing Brand

    "France L'OREAL Cosmetics International Group Limited" and "Hongkong Zhangyu wine industry Co., Ltd."...

    If you look at products with such company names, you may not have any doubts.

    However, these are likely to be a hoax. They are actually not related to the famous brand products such as L'OREAL and Zhang Yu.


    Recently, the Hongkong Special Administrative Region Legislative Council approved the three reading of the company (Amendment) Bill 2010.

    The amended bill authorizes the Registrar of companies of the HKSAR to instruct the "shadow company" to change its name based on the order of the court.


    "Shadow company" flying all over the sky


    In recent years, the registration of "shadow companies" in Hongkong has become an upgraded version of counterfeiting.

    "Shadow company" is the most rampant in the field of clothing, YOUNGOR, Valentino, news bird, fir, Luo Meng, old man, apple and other well-known brands have been "near".


    In addition to clothing, household appliances, cosmetics, wine, beverages, paint, and even drugs, there are "near brand" phenomenon, such as "Hongkong Li Bang", "Hongkong Zhangyu" and so on.


    Wang Qiang, Minister of legal affairs of Zhangyu wine group, said in an interview with reporters that at the most time, there were 29 "Zhangyu" companies selling "fake" Zhangyu.

    "In 2005 ~2007, the company spent at least tens of thousands of dollars a year to crack down on these" shadow companies ".


    Wang Qiang said: "under the pressure of necessity, in 2007, we sent 29" shadow companies "to the courts of Hongkong. In the end, the court of Hongkong ruled that" shadow company "infringed the situation, and the situation was improved to a certain extent.

    But Zhang Yu also spent a lot of energy and time.


    Mainland victims are "very welcome".


    Chen Jiaqiang, director of the financial affairs and Treasury Bureau of the Hongkong Special Administrative Region government, said that the amendment of the draft is to strengthen the registration system of the company names in Hongkong, so as to strengthen the law enforcement of "shadow companies".


    For this reason, Wang Qiang, who has been struggling with "shadow companies" since 2005, describes his mood with "very welcome".


    Wang Qiang believes that the new regulation of Hongkong has greatly reduced the difficulty of famous enterprises in attacking the "shadow company". It can only be solved by litigation. Enterprises will spend a lot of time, energy and money to deal with it. It will be much easier to deal with it in the future.


    After the revision of the bill, the Registrar of the HKSAR government has been authorized to replace its name with the company's registration number. Because the registration number does not contain the word "brand", the "shadow company" can not authorize the actual controller in the mainland.


    The worm is dead but not stiff.


    Hu Yanlai, a partner in Shanghai marine law firm, who has always been concerned about the phenomenon of "brand name", told reporters that this phenomenon would be a "heavy blow".

    But Hu Yanlai believes that it is still difficult to completely eradicate the phenomenon of "shadow companies".


    Hu Yan, if mainland enterprises do not reflect, the Hongkong government may not know which companies are "shadow companies".

    In the mainland, the Hongkong government may know about such famous enterprises as Moutai and YOUNGOR, but the Hongkong government does not necessarily know about some provincial top enterprises in the mainland.


    Based on the above situation, Hu Yanlai believes that to fundamentally solve the problem, we must strictly control the company's registration and eliminate the "shadow company" at the source.

    Wang Qiang also holds the same view. He pointed out that "if the registered name is suspected of infringement, Hongkong can not be allowed to register."


    However, there is no doubt that Hongkong needs to cooperate with the mainland in information work.

    The mainland should help the Hongkong government to produce a list of mainland famous enterprises for future reference.


    In this regard, Hu Yanlai said that the production list is not a big problem. The biggest difficulty lies in the fact that the registration system implemented in Hongkong is different from the registration system implemented in the mainland. Moreover, the legislative ideas and systems of the two places are different.


     
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