Keywords: Danone Wahahada can VS wahaha
The world brand laboratory (brand.) Report: in may, and wahaha group cooperation for many years the "revolutionary comrade" France Danone Group suddenly turn, intend to 40 billion price forced mergers Hangzhou wahaha total assets $ 56 billion, the 2006 profit of $ 10.4 billion of other non-51% of shares of JV.
To this end, wahaha, Zong qinghou demonstrate strong dissatisfaction, Danone has sharp criticism, Danone also gave to wahaha strongly criticized. The increasing intensification, both conflicts escalating disputes from start of pointing into mutual legal prosecution.
In 1996, wahaha and Danone company, Peregrine company jointly funded the establishment of five companies, production to "wahaha" as a trademark, including pure water, eight-treasure porridge, and so on. Wahaha-holding 49%, the Asian financial turmoil, Peregrine will stake sold to Danone, Danone leap to 51% of the holdings. At that time, Danone to "wahaha" trademark rights were transferred to its joint venture, both parties after train departure a trademark use agreement. It is this provision raises a forcible takeover turmoil. Since Danone and wahaha cooperation in China's reform and opening up historical background, with a typical representation of the "controversy" Dawa's attracted widespread attention from all sectors and lively discussion. Not long ago, Danone Group Chairman, said the Chief Rialto France President Sarkozy's visit to China will resolve Danone and wahaha in disputes between a "decisive". November 25, President of France to China friendly access, wahaha and Danone disputes include access agenda, outgoing, Danone and wahaha's dispute will end. Obviously, Danone and wahaha dispute has entered a new phase. Then the Danone and wahaha disputes will thus concluded? in the future will be how to end the dispute? Danone in China's development will therefore appear to change?, through this case reflects China's external cooperation of what changes are we can learn what the reporter interviewed and Jun venture consulting group, well known lisu, houning financial observers, Tongji University in Germany Bayer intellectual property Chair Liu Hai, Shanghai Bar Association Board of Directors of Wu Dong company law lawyer, Jiangsu junyuan law firm Mr. Marin lawyers some well-known experts and scholars, both inside and outside the industry, these issues are resolved, to stand on China's future cooperation with foreign enterprises, China's economic development, and restart.
France Danone Group: Europe's third largest food group, on the early 1990s, Danone Group, set up factories in China, to be able to brand yogurt in Guangzhou and Shanghai leader. Hangzhou wahaha group: created in 1987, currently the largest food and beverage producers, the world's fifth largest beverage producer. 2007-04-03 wahaha encounter up to be forced merger, Zong qinghou called trap 2007-04-05 wahaha "defending national brand" jianlibao wrote one 2007-04-12 to be issued to wahaha "Bourne Ultimatum" Zong qinghou-limited 30-day performance 2007-04-13 responds to Danone ultimatum, wahaha shaking out Danone yin and Yang contract 2007-05-09 wahahada can temporarily "truce" or return to the negotiating table 2007-05-09 wahahada be closed negotiations, litigation war has not reached the possibility can be changed up to Chinese strategic currently withdrawn from the light, and to resolve conflicts with wahaha, so you can determine the dispute, it is in China's investment policy has changed and will be implemented gradually, as the result, it is difficult to determine houning: Danone Group President has pledged to take one step of the way, "a permanent solution to the problem, wahaha and hinted that change their investment strategy in China. In fact, through equity participation mengniu, bright, Huiyuan and wahaha and other famous enterprises, Danone has been in China has formed a professional monopoly hegemony. These actions, which will inevitably cause-related sectors, making the people concerned, so as to strategic change is a must to do. Lisu: Danone began to change. And Danone in China series failed investment compared to its cooperation with wahaha is successful. Throughout their investment strategies, very ridiculous, it is a total failure of investment strategies. Danone's main financial strategic investment, the investment company has almost no control, such as wahaha, Danone, apart from the rest with dividends, not know, so its negotiations with Zong qinghou No. So its withdrawal from the light should be wise. Danone's joint venture is not successful, so it must be changed. It must be to use their own enterprise culture, to build up their own enterprises. Mr. Marin: panoramic view of the transnational enterprises in China's development, can be seen, the wholly-owned by the joint venture to become the trend of development of these enterprises. This is China's economic reform and opening up the continual development and progress of the inevitable choice.
Currently up to withdraw from the light, and to resolve conflicts with wahaha, so you can determine the dispute, it is in China investment strategy has changed and will be implemented gradually, as the result, it is difficult to determine.
Two lawsuits who favored larger now, Danone and wahaha domestic trademark disputes and Danone in the United States prosecuted for wahaha while in progress, wahaha is 26 offshore company's assets have been frozen, and domestic arbitration case of trademark transfer has been sitting out 4 times. On both sides, which win the possibility of a large number of two lawsuits will affect each other? square: Liu Hai: I currently available information, both in Sweden for arbitration or legal proceedings conducted by the United States, the possibility of wahaha lose up to 80%-90%. Although Danone and wahaha "Yang" in violation of the law of contract, but the "yin" and there is no violation of the contract. Overseas, our contract is valid, is also
A binding. If the parties dispute, legal judgment, will pay more attention to the real meaning between the two parties, which contract is the truest meaning presentation. Therefore, if the foreign court, wahaha possibility of transmission. Houning: Danone is transnational capital group of veteran, its annual playing up to five hundred pieces of lawsuits, as Prince, experienced, so innocent "wahaha" at least in the international lawsuits against you want to do well in. However, national brand is needed to protect, in particular, such a private national brand, the Government to take out more than protect State-owned enterprises greater determination to protect them, in order to highlight the Chinese Government on the State-owned enterprises and private enterprises equal treatment even vigorously support to make a significant contribution to the national economy of private enterprises and private entrepreneurs. Mr. Marin: wahaha side I'm afraid it is difficult to win. In 1996 as a joint venture with wahaha, "wahaha" trademark by institutions to assess the price after 1 billion, according to them between the joint venture contract, wahaha group to venture capital injection include 50 million of intangible assets, i.e., wahaha brand value, wahaha brand value addition of 50 million by the joint venture-funded purchases, wahaha China thus obtained venture equity, "wahaha" trademark belonging to joint ventures. In addition, the same year, the joint venture and wahaha group signed the trademark transfer agreement contract, wahaha group in addition to the name of the enterprise to use wahaha, the words shall not use wahaha brand. Danone is international MNC's "fried noodle" the operation mechanism of systems mature, experienced, easily not be prosecuted, but once the prosecution evidence of its master, full certainty is relatively large, so the real fight lawsuits, Zong qinghou gains may be negligible.
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