International Giant Intellectual Property Application Mode: Raising, Selling And Killing

Since last year, American basketball superstar Michael Jordan and China's "a href=" http://sjfzxm.com/news/index_f.asp "Jordan sports < /a > infringement has been in a great rage, but since then, P has been calm and calm, so that everyone thinks that this matter has been solved by legal means, but this will obviously not calm down.

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< p > earlier this year, "Jordan sports" jumped out and countercharged "flying man" again, and opened the corner of events.

"Jordan sports" not only denied infringement in court hearing, but also called "Jordan" as "the grass in the South".

Reporters noticed some netizens' comments, almost all of them objection to the counterclaim of "Jordan sports". Obviously, this explanation failed to serve the crowd, but it seems to be a smoke bomb again, and it will soon be calm again.

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< p > < strong > the focus of controversy is < /strong > < /p >.

< p > no matter what the backstage driver and real motive behind the lawsuit is, the "Jordan" brand seesaw battle is still going on.

No matter how different views the public holds, this incident has caused many consumers to be tired of "Jordan sports", which has seriously damaged the brand image. "Jordan sports" has obviously become a loser.

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< p > but the counterclaim from Jordan sports can also see its strategy, that is, to use the initiative to prosecute rights to restore its own losses. At the same time, we should also use the "fly" to force the two sides to reach a settlement and quickly end the prosecution.

If both sides can shake hands, it is of course the result that Jordan sports most wants to see.

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< p > from the source, the name of "Jordan sports" is easy for many people, especially sports fans, to associate with American basketball superstar Michael Jordan. It seems very hard to escape the suspicion of "edge ball".

In this regard, Wang Rongjing, an intellectual property lawyer at Jin Mao Kai de (Shanghai) law firm, said that from the perspective of legal action and business strategy, the chances of winning "Jordan sports" were not great.

Name is not limited to the official registration of a citizen in a household registration office. The plation name is also widely used.

In addition, in order to ensure that foreigners can live normally in China or develop their careers, they treat foreigners in the same way as their citizens.

Moreover, in recent years, Yi Jianlian and Yao Ming have won similar cases of infringement of name rights.

< /p >

< p > Wang Rongjing believes that if Michael Jordan could provide evidence to prove that he became famous before the "Jordan sports" filed a trademark registration time in the country, and indicated that he was taking legal action to protect his name and brand, avoid Chinese consumers being misled, and safeguard the fans' right to know about the purchase of goods.

Well, Michael Jordan has a greater chance of winning.

< /p >

< p > < strong > the "Jordan sports" incident still has a warning effect < /strong > < /p >

< p > in the industry, events like "Jordan sports" happen frequently, so that China's trademark was snatch "Crazy" overseas, such as "strong" battery and "strong" fashion trademark dispute.

We can not help asking, how should a famous brand maintain its legitimate rights and interests? < /p >

Wang Rongjing, who had accepted the case of rights protection before P >, said that most of the cases involving overseas rights protection by Chinese enterprises involve patent disputes, mainly in tort disputes. The cases of trademark disputes mainly involve rush registration and ownership disputes, and generally do not involve infringement proceedings.

As for copyright, business secrets and disputes about new plant varieties, it is extremely rare.

< /p >

In order to avoid winning the lawsuit and losing the company, whether P is passive or aggressive, Chinese enterprises must have their own intellectual property rights to discuss how to use international rules to protect their rights overseas.

Otherwise, even the best lawyers and the most impartial law enforcement officers will not win the lawsuit, let alone the commercial war in other markets.

China's < a target= "_blank" href= "http://www.91se91.com/" > textile > /a > a target= "_blank" href= "http://www.91se91.com/" > clothing > < > > enterprises want to base themselves on the international market, they must first establish their own brands, and at the same time strengthen the protection of clothing products themselves and enterprise brand's systematic intellectual property rights, such as logo on clothing products, clothing design protection and so on.

Especially in the advanced areas of trademark legislation in Europe and the United States, if the smell of clothing materials can be described accurately and succinctly, do not omit the registration protection of scent trademarks.

We should pay close attention to the legislative progress and protection trend of Fashion Law/Apparel Law, such as Europe and America.

Wang Rongjing said.

< /p >

< p > with the continuous increase of China's independent brands and the substantial improvement of its popularity, overseas infringement on China's independent intellectual property rights has also occurred frequently.

In Wang Rongjing's view, enterprises should make full use of China's "Customs record" effective protection network to consolidate the market and maintain product competitiveness.

< /p >

< p > Wang Rongjing explained: "whether patents, trademarks or copyrights, many high value intellectual property rights are foreign businessmen.

In addition to registration of rights protection in accordance with the law, civil litigation is still the most common means of safeguarding rights for foreign rights holders.

Before proceeding with intellectual property rights litigation, foreign businessmen should pay attention to the preservation and localization of evidence such as rights certificate, defendant's tort and compensation amount.

< /p >

< p > 543 Wu Jinwei, deputy general manager of display display prop company, said that nowadays, enterprises should be cautious about intellectual property rights protection.

Because of his personal experience, he was often plagued by other enterprises' imitation products. In order to protect his own rights and interests, he applied for more than 17 patents in China for several years, and fought many lawsuits, and each time he ended up winning the lawsuit.

{page_break} < /p >

< p > < /p >.

< p > < strong > "raise, cover, kill" or behind brand war < /strong > < /p >.

< p > in recent years, China's sporting goods market continues to slump, and international sports brands such as Nike, < a > Adidas < /a > have begun to adjust China's market management strategy and strive to cultivate two or three line cities.

Nike has stated that this year the new store will extend from the first line to the two or three line market.

In addition, Gao Jiali, director general of Adidas Greater China, has said that by 2015, Adidas plans to enter more than 1400 small and medium-sized cities in China.

The confrontation between international brands and local brands is unavoidable in the middle and low end markets.

< /p >

< p > despite the different professional perspectives, both legal experts and people in the industry have expressed their thoughts on local brands.

< /p >

Hao Baosheng, director of the Research Institute of the Ministry of Commerce, said: "when the initial business is small and no profit, no one will be concerned. People who are jealous after being bigger and stronger are bound to have more." P

The key is whether enterprises will join Jordan's content in publicity and registration. If it's just a side ball, it's a brand name behavior. If not, the global name is too much for Jordan.

< /p >

< p > Wang Rongjing said: "no matter what the result of litigation is, for Michael Jordan and its endorsement of Nike's air Jordan brand, they are already winners.

Because there are two lawsuits on the whole incident, in fact, it is a commercial battle between the international brand and the local brand in the Chinese market.

International giants have always called the application mode of intellectual property rights, that is, "raise, kill and kill": first fatten up, then catch up, then slaughter profits.

Foreign companies lack enough emphasis on intellectual property rights by Chinese enterprises. In the early days, they not only wasted time and spirit and money, but deliberately indulged. When enterprises were making big profits, they made a lot of efforts with various excellent commercial strategies and litigation strategies.

Of course, as a commercial competitive strategy and business mode, trademark rush registration has its rationality, but the "Jordan sports" incident gives us warning that the copycat behavior and shortsighted practice accompanied by the speculative mentality will undoubtedly bring great potential to the future development of enterprises, which will lead to greater legal and commercial risks in the process of market expansion in the future.

< /p >

< p > < strong > the "Jordan sports" incident still has a warning effect < /strong > < /p >

< p > in the industry, events like "Jordan sports" happen frequently, so that China's trademark was snatch "Crazy" overseas, such as "strong" battery and "strong" fashion trademark dispute.

We can not help asking, how should a famous brand maintain its legitimate rights and interests? < /p >

Wang Rongjing, who had accepted the case of rights protection before P >, said that most of the cases involving overseas rights protection by Chinese enterprises involve patent disputes, mainly in tort disputes. The cases of trademark disputes mainly involve rush registration and ownership disputes, and generally do not involve infringement proceedings.

As for copyright, business secrets and disputes about new plant varieties, it is extremely rare.

< /p >

In order to avoid winning the lawsuit and losing the company, whether P is passive or aggressive, Chinese enterprises must have their own intellectual property rights to discuss how to use international rules to protect their rights overseas.

Otherwise, even the best lawyers and the most impartial law enforcement officers will not win the lawsuit, let alone the commercial war in other markets.

Chinese textile and garment enterprises want to base themselves on the international market, they must first establish their own brands, and at the same time strengthen the systematic protection of their intellectual property rights, such as logo on clothing products, clothing design and so on.

Especially in the advanced areas of trademark legislation in Europe and the United States, if the smell of clothing materials can be described accurately and succinctly, do not omit the registration protection of scent trademarks.

We should pay close attention to the legislative progress and protection trend of Fashion Law/Apparel Law, such as Europe and America.

Wang Rongjing said.

< /p >

< p > with the continuous increase of China's independent brands and the substantial improvement of its popularity, overseas infringement on China's independent intellectual property rights has also occurred frequently.

In Wang Rongjing's view, enterprises should make full use of China's "Customs record" effective protection network to consolidate the market and maintain product competitiveness.

< /p >

< p > Wang Rongjing explained: "whether patents, trademarks or copyrights, many high value intellectual property rights are foreign businessmen.

In addition to registration of rights protection in accordance with the law, civil litigation is still the most common means of safeguarding rights for foreign rights holders.

Before proceeding with intellectual property rights litigation, foreign businessmen should pay attention to the preservation and localization of evidence such as rights certificate, defendant's tort and compensation amount.

< /p >

< p > 543 Wu Jinwei, deputy general manager of display display prop company, said that nowadays, enterprises should be cautious about intellectual property rights protection.

Because of his personal experience, he was often plagued by other enterprises' imitation products. In order to protect his own rights and interests, he applied for more than 17 patents in China for several years, and fought many lawsuits, and each time he ended up winning the lawsuit.

{page_break} < /p >

< p > < /p >.

< p > < strong > "raise, cover, kill" or behind brand war < /strong > < /p >.

< p > in recent years, China's sporting goods market continues to slump, and Nike, Adidas and other international sports brands have begun to adjust China's market management strategy and strive to cultivate two or three line cities.

Nike has stated that this year the new store will extend from the first line to the two or three line market.

In addition, Gao Jiali, director general of Adidas Greater China, has said that by 2015, Adidas plans to enter more than 1400 small and medium-sized cities in China.

The confrontation between international brands and local brands is unavoidable in the middle and low end markets.

< /p >

< p > despite the different professional perspectives, both legal experts and people in the industry have expressed their thoughts on local brands.

< /p >

Hao Baosheng, director of the Research Institute of the Ministry of Commerce, said: "when the initial business is small and no profit, no one will be concerned. People who are jealous after being bigger and stronger are bound to have more." P

The key is whether enterprises will join Jordan's content in publicity and registration. If it's just a side ball, it's a brand name behavior. If not, the global name is too much for Jordan.

< /p >

< p > Wang Rongjing said: "no matter what the result of litigation is, for Michael Jordan and its endorsement of Nike's air Jordan brand, they are already winners.

Because there are two lawsuits on the whole incident, in fact, it is a commercial battle between the international brand and the local brand in the Chinese market.

International giants have always called the application mode of intellectual property rights, that is, "raise, kill and kill": first fatten up, then catch up, then slaughter profits.

Foreign companies lack enough emphasis on intellectual property rights by Chinese enterprises. In the early days, they not only wasted time and spirit and money, but deliberately indulged. When enterprises were making big profits, they made a lot of efforts with various excellent commercial strategies and litigation strategies.

Of course, as a commercial competitive strategy and business mode, trademark rush registration has its rationality, but the "Jordan sports" incident gives us warning that the copycat behavior and shortsighted practice accompanied by the speculative mentality will undoubtedly bring great potential to the future development of enterprises, which will lead to greater legal and commercial risks in the process of market expansion in the future.

< /p >