Hundreds Of Millions Of Trademarks Of A Shoe Company In Fujian Have Been Seized And Sold At Low Prices?

Quanzhou Yiyuan footwear industry Limited company (Yiyuan company) was founded in November 1996, is a professional. Casual shoes The comprehensive enterprise of R & D, design, manufacture and brand marketing has accumulated over 100 million yuan in Quanzhou.

Xiamen CE Le Industrial Co., Ltd. is one of the affiliated enterprises of Yiyuan company. It has its own national brand "Cele" and was recognized by the SAIC as China's well-known trademark in December 2012. 2012 Olympic Games in London and Brazil Olympic Games in 2016, Rio De Janeiro Olympic Committee sponsors. Due to corporate debt crisis and brand With the adjustment of operational strategy and other reasons, Yiyuan company is preparing to reorganize under the guidance of Quanzhou municipal government and professional restructuring lawyer team.

The well-known trademark was sealed up by the court.

In 2013, Yiyuan company borrowed 5 million of the company's loan as a guarantee, and failed to repay the principal as a result of the debt crisis. At the beginning, it paid 1 million 500 thousand interest to Wang Ken and 1 million 800 thousand of the court's execution, leaving about 3000000 loans. In 2015, the intermediate people's Court of Xiamen City sealed up and frozen 71 brands of Cele brand, and commissioned the appraisal institution to complete the valuation.

Raise objections

The objection raised by the dissenters said that after deciding that the appraisal institution was the real estate appraisal office of Xiamen Dacheng asset appraisal (hereinafter referred to as the Dacheng appraisal office), the dissenters clearly indicated that they would cooperate with the entrusted units to provide relevant materials to the Dacheng assessment institute, so as to make a fair and objective assessment of the value of the commercial target, but the Dacheng assessment never asked the dissident to provide any information.

The reporter learned from the "asset assessment report" that in the main body of the assessment report (eighth pages), "because the above trademarks are not suitable for on-site investigation, they are not on site investigation." On the eleventh page, "because of the objective reasons such as intangible assets, the site can not be explored". The dissenters thought that the reason why the Dacheng assessment was intangible assets was the first time that they did not carry out on-site investigation. The second time was just a scene of careless work and no legal basis at all. In the relevant provisions of the "assets evaluation criteria - intangible assets", it does not show that there is no need for on-site investigation of intangible assets. At the same time, in the annex of the asset assessment report, the Dacheng assessment institute only inquires the information and the surface business registration information from the network, and simply lists the industrial and commercial registration information of the company and the network query information of the financial statements and trademark registration certificates from 2011 to 2015, and the evaluation method adopted in the asset appraisal report is the income method, and does not adopt the comprehensive market comparison method and the cost method.

The dissenters believe that the evaluation of the value of the trademark is an essential procedure for assessing the value of the trademark. The 71 trademarks under the name of the company have gone through 10 years of long-term development and use. The trademark is mainly located on the type of the high-end men's shoes. At present, it has a high market share in the North China market and the southwest market. There are several sales outlets and a long-term supply and sales contract with a number of agents, distributors and shopping malls. Trademark rights, even intangible assets, are realistic in terms of the scope and actual operation of trademark authorization. These can be carried out on site investigation and field investigation, but the Dacheng evaluation Institute has not conducted on-site investigation of the above situation.

According to the expected yield of the enterprise, the evaluation report of Dacheng evaluation decides that the value of the trademark rights that the enterprise holds is wrong, and that the prediction of future assets value with the current assets and benefits level is very uncertain. The assessment is based on the current equipment capability, the capacity to grow in the future or the potential market potential, but the value brand evaluation emphasizes the things that have been realized, so its value is not a prediction of the future, but the brand competitiveness or influence of the brand. The expected revenue of enterprises is only one factor to evaluate the value of trademark rights, which can not completely determine the value of trademark rights.

In conclusion, dissenters believe that the assessment method adopted by the Dacheng assessment is not comprehensive and incorrect. Xiamen Dacheng asset appraisal land real estate appraisal firm issued the "assets assessment report" assessment procedures illegal, inadequate evaluation basis, wrong assessment method, the evaluation agency and its assessors were affected by the level of practice and ability of the "asset assessment report" has limitations, the evaluation conclusion can not be used as a reference for the value of the 71 trademark rights.

Is the selection of assessment agencies in accordance with statutory procedures?

It is understood that the director of the company has received the notice from the Executive Office of the intermediate people's Court of Xiamen, and hired a lawyer to intervene in the execution case. However, the company and its solicitors have not received the announcement, procedures and methods of the Xiamen intermediate people's Court Executive Board on the selection of the asset appraisal institution.

In May 6, 2016, the Dacheng Appraisal Institute issued the first asset appraisal report, "Dacheng commentary" (2016) No. DFY3620960, whose value of intangible assets is RMB 24 million 924 thousand yuan. Objection to the Xiamen Municipal Intermediate People's Court Executive Board is responsible for the case of the judge, objected, according to the legal procedure, the Xiamen intermediate court should choose another evaluation agency, however, Xiamen court still designated Dacheng assessment to re evaluate assets. In June 7th, 2016 made the same number of evaluation reports, namely, the Dacheng Commentary (2016) DFY3620960, the value of intangible assets assessed was RMB 17 million 975 thousand and 300 yuan, and the difference between the two evaluation reports issued by the same evaluation institution was 6 million 948 thousand and 700 yuan.

Why does the evaluation report issued by the Dacheng assessment contradict each other?

When the objection objection requests the replacement of the assessment office, why does the judge still assign the same assessment place to evaluate?

The dissenters were suspicious.

Olympic sponsorship

It is understood that the Cele brand is the designated supplier of the Chinese Olympic Committee, and the "Cele" in 2012, along with the Chinese Olympic delegation, embarked on the journey of the 2012 London Olympic Games, providing leather goods for athletes, including leather shoes, leather bags and belts. At the same time, it also sponsors major events such as Guangzhou Asian Games, Nanjing Asian Youth Games, Youth Olympic Games and Asian sand games. In 2016, Brazil Rio De Janeiro Olympic Games, CELE company became a designated supplier of leather goods again. In this year's product design, the design authorisation provided by the company to the Chinese Olympic Committee market development department on the supporting graphics of the Chinese sports delegation in 2016 is not only used for the leather shoes, leather goods, belts and other products of the Cele brand, but also has unparalleled influence and importance by the national Orlin PEAK Committee, which is used by the Chinese sports delegation sponsor Heng Yuan Xiang's scarf bow tie and the Anta Brand Award dress.

If the Cele brand is disposed of by the court's compulsory auction due to the violation assessment, it will lead to the failure of the company to fulfill the contract, which may affect the progress of the Chinese Olympic delegation's march into the Olympic Games and affect the image of the country.

Expert comments:

In this case, the reporter consulted the famous law professor of China University of Political Science and Law, the famous domestic evaluation expert and the lawyer of Beijing Dacheng Law firm. They said: according to the relevant regulations issued by the Ministry of Finance on the basic principles of assets evaluation criteria and the asset appraisal criteria assessment procedure, "assessment procedures usually include: (four) spot investigation... "If a certified asset appraiser performs asset appraisal business, he shall conduct proper on-site investigation of the assessment object in accordance with the specific circumstances of the assessment business". (five) collection of assessment data. The registered asset assessor shall not arbitrarily delete the evaluation procedure. " "The certified asset appraiser shall require the client to provide detailed information about the object of evaluation and the scope of the assessment".

The fifteenth and sixteen provisions of the basic principles of assets assessment: "certified asset appraisers should be familiar with, understand and properly use the assessment method. The basic methods of asset appraisal include market law, income approach and cost law. A certified asset evaluator should carry out asset appraisal business according to the relevant conditions such as evaluation, image, value type, data collection and other related conditions, analyze the applicability of the basic methods of the three asset appraisal methods, appropriately select the evaluation methods, and form a reasonable assessment conclusion.

In this case, because of the reasons for the intangible assets, the Dacheng assessment did not carry out site investigation, but simply querying for information and superficial business registration information from the network, and using a single income method to assess the trademark of the game company did not meet the requirements of the law. The value evaluation of trademark right should collect data comprehensively, and use the market comparison method, income method and cost method comprehensively, so as to form reasonable evaluation conclusion.

At the same time, according to the sixth provision of the Supreme People's Court on the auction and sale of property in the civil execution of the people's court, "the people's court shall permit the parties or other interested parties to prove that the evaluation institutions and appraisers do not have the corresponding qualifications or the assessment procedures seriously violate the law and apply for reassessment." The intermediate people's Court of Xiamen should deal with the objection raised by the dissident comprehensively and thoroughly, and supervise and guide the evaluation to make an objective and fair assessment.

Finally, Yiyuan company expressed the hope that the Xiamen Municipal People's court could re entrust qualified other asset assessment institutions to assess the value of the 71 trademarks of the company under the name of the company, and cancel the evaluation report made by the Dacheng appraisal company. Suspend or postpone the mandatory auction process of the Cele brand series, which will properly solve all the debt and debt problems through corporate restructuring. It is a great waste of social resources that the Cele brand of cile can be disposed of by illegal auctions, which will cause huge losses to the company and creditors and the national industry.