Original: Tu Yingjun
Yesterday, Chenyang Water Paint issued a tweet: announcement on the intellectual property licensing agreement between "Hebei Chenyang Industry and Trade" and "Henan Chenyang New Materials" has been revoked according to law.
The earliest dispute between the two can be traced back to October 12, 2020 , when Hebei Chenyang made a statement on the cooperative relationship between Henan Chenyang and said that Hebei Chenyang had never authorized Henan Chenyang to enjoy the sales and sales platform of Chenyang water paint channels.
On August 27, xushui court revoked the "Authorization and Use and License Agreement" signed between Chenyang Group and Henan Chenyang on August 20, 2020. Henan Chenyang appealed against the first-instance judgment. On October 18, after trial, the Baoding Intermediate People's Court ruled to reject the appeal in accordance with the law and upheld the original judgment: to revoke the "Authorization and Use and License Agreement" signed by Chenyang Group and Henan Chenyang on August 20, 2020.
The Baoding Intermediate People's Court stated that the appellant Henan Chenyang claimed that the first-instance judgment was cut apart from the facts, taken out of context, and omitted important facts that objectively existed in the case, but it did not provide the authorization procedures for Hebei Chenyang to send people to attend the shareholders' meeting of Henan Chenyang or serve as a director of Henan Chenyang, and the "Resolution of the Shareholders' Meeting of Henan Chenyang New Materials Co., Ltd." and the "Resolution of the Board of Directors of Henan Chenyang New Materials Co., Ltd." provided by henan Chenyang did not have any signatures, so Henan Chenyang said that Hebei Chenyang appointed senior executives to attend the shareholders' meeting, appointed senior executives to serve as directors of Henan Chenyang, and Whether the facts of the actual exercise of shareholders' rights exist or not, the appellant did not have sufficient evidence to confirm it. Even if Hebei Chenyang sent someone to act as an executive of the appellant, it would not affect the commercial contract nature of the License Use and License Agreement, making it a funding document.
On the basis of ascertaining the facts, the court of first instance correctly applies the law, which does not violate the judicial concept of fairness and justice, nor does it violate the spirit of the important instructions of the Party Central Committee and the State Council on supporting the healthy development of private enterprises.
Chenyang Water Paint also deliberately emphasized that the "Authorization and Use and License Agreement" signed between the former Chenyang Group and Henan Chenyang has been revoked according to law, and according to Article 56 of the Contract Law of the People's Republic of China: "Invalid contracts or revoked contracts have no legal binding force from the beginning." Henan Chenyang claimed that its right to use Chenyang Group's trade name, trademark rights, patent rights, appearance packaging, copyrights, technical secrets, and sales channels and platforms in accordance with the original "Licensing and Licensing Agreement" were all illegal.
Finally, Chenyang Water Paint said that "by virtue of the meaning of protecting intellectual property rights, the act of 'carding the neck and picking peaches' is by no means protected by law." Some malicious competitors in the market have taken advantage of the fact that Chenyang Group has no vigilance at a time of crisis, step by step, skillfully scheming to seize market resources and brazenly launch unfair competition. ”
"No enterprise or individual should seek improper benefits from improper conduct, and the court has now ruled to revoke the License and License Agreement." Here, the manager solemnly reminds the majority of partners and end consumers: participate in market activities in accordance with the law, purchase genuine products of Chenyang Group protected by law, and safeguard their legitimate rights and interests. The manager always reserves the right to judicially prosecute any illegal act that infringes on the rights and interests of Chenyang Group, and if it constitutes a violation of the law, the manager will report it to the public security organ for handling in accordance with the law. At the same time, for units and individuals in the market that maliciously spread false statements and commercial slander, the manager will also work with the majority of partners and consumer friends to protect their rights in accordance with the law. ”