Vietnamese star Minh Ha
Sleep for thousands of years, wake up into a top stream.
The Sanxingdui site is hailed as one of the greatest archaeological discoveries of the 20th century.
Recently, the "blind box" has been opened one after another, and the fragments of gold masks, bronze sacred trees, and bronze statues of the top snake body have made a stunning appearance of national treasure-level cultural relics.
At present, nearly 13,000 numbered cultural relics have been excavated from the six "sacrificial pits", and "mysterious", "magnificent", "unique" and so on have become keywords.
Since the beginning of the excavation, SamsungDui has its own strong traffic and topic degree, and has quickly become the top traffic hot topic in the media. #三星堆 #
Under the attention economy, where there is traffic, there is a monetized business.
Whoever masters the Samsung Pile cultural IP will stand at the cusp of wealth.
I personally obtained an authoritative information from the State Trademark Office, showing that as of June 22, there were 863 "Sanxingdui" trademarks registered in 45 major categories.
Among them, 498 pieces were registered by the Sichuan Guanghan Sanxingdui Museum, which is justified and deserved.
Another 365 were spent on other enterprises, institutions and other entities.
What surprised me was that when I got this information, I checked them one by one and found that a natural person "Zhang Yanhui" actually owned 53 "Sanxingdui" trademarks.
She preemptively registered a wide variety of categories, from books, washing machines, electric shoe shiners, hot pots, to AI robots and so on.
With the registration of 53 "Sanxingdui" trademarks, Zhang Yanhui has become the person with the largest number of Sanxingdui trademarks in the world.
Ironically, Cheung Yan Hue is not a Chinese, a proper Vietnamese woman.
Who is she?
To paraphrase Zhao Lei's "Atio" lyrics, "Her family lives somewhere in Ho Chi Minh City, Vietnam, and the agarwood is the same... Lost in life".
Writing this article, the Governor of June 1 made great efforts to find out that Zhang Yanhui's home address was in Ou Ji Street, 14 Fang, 11 Counties, Ho Chi Minh City, the specific house number, and it could not be stopped in detail.
A series of questions floated up in my head.
Can a Vietnamese woman register a domestic trademark, especially a trademark involving Chinese cultural symbols, or even operate in batches?
If not, will there be a loophole in the existing trademark licensing review mechanism?
How much wealth can the 53 "Sanxingdui" trademarks bring to Vietnamese woman Zhang Yanhui?
Rush to the east before the white belly of the oriental fish on June 22, and rush to the draft overnight. Please spend a cigarette, a cup of tea, and listen to me!
01
After "major archaeological discoveries at the Sanxingdui site" became an annual hot word of "phenomenon-level", it aroused great concern at home and abroad.
After the excavation of Sanxingdui, all kinds of capital smelled the smell of money, grabbed the beach to enter, the creative brain hole became larger and larger, and the monetization game was more and more.
A series of endless peripheral, joint names, and various screen-level communication cases have attracted the attention of the public and won huge traffic.
From the popular Sanxingdui "bronze flavor" & "unearthed taste" ice cream, to the "Blessing Priest" and "Sichuan Shu Xiaodui" theme series blind boxes, and then to the 2022 Spring Festival Gala program of the general station, the creative dance "Golden Face" with sanxingdui culture as the background is amazing.
What is the next step of the "Sanxingdui" that has been out of control?
At the beginning of June, Ren Ren, director of the Industry Department of sanxingdui management committee, went to Guangxi Beihai to participate in the 17th China-ASEAN Cultural Forum. According to him:
The next goal of Sichuan Sanxingdui is to create a super IP with Chinese temperament and international image.
Before this, the top stream of our world-class cultural IP was the Forbidden City, which shows that Sichuan is to build Sanxingdui into another "Forbidden City"
Where does courage come from?
With data support, this year, the 3 Sanxingdui remains were found to have 65 million live views.
As of June 16, the relevant content of the third season of "Sanxingdui New Discoveries and Secrets" has been read more than 130 million times on the whole network, and related topics have been read more than 30 billion times on the whole network.
During the live broadcast, many unprecedented and strange cultural relics were displayed, such as the turtle-back grid-shaped mesh excavated from Pit 7, the bronze altar of Pit No. 8, and the statue of the top statue bending down.
Sanxingdui Museum jointly launched a special planning "How I Look So Good" MV.
The BGM of the ghost animal, the collision of archaeological relics and popular RAP, ancient and trendy, this MV after the launch, quickly in the B station, Weibo, WeChat circle of friends brush screen. Many netizens brushed the screen on the B station "hundreds of millions of times again".
The live broadcast completely presents the whole process of these cultural relics being extracted, and the audience's "immersion" is full.
The traffic is already full, coupled with the willingness of the Sanxingdui Management Committee to invest huge amounts of money, Sanxingdui marketing, publicity, cultural creation, etc., is expected to bring very considerable economic benefits.
In short, relying on its own topics and official pushes, Sanxingdui is already a cash cow.
The Vietnamese woman Zhang Yanhui successfully stood at the outlet of the wind with the operation of God, shaking a cash cow and making her family rich.
If Zhang Yanhui relies on the trademark right in her hand, opens a live broadcast room and types out "Vietnamese people talk about Sanxingdui" or "About Sanxingdui, Vietnamese women have something to say".
Such live broadcasts are very suitable for and cater to the resonance and output needs of external propaganda on cultural values.
With an excellent team, Zhang Yanhui will not become another "Li Ziqi", no one dares to say no.
Or you can follow the example of the "Prayer for The Divine Officer" series of blind boxes, based on the bronze Da Li Ren excavated from Sanxingdui, bronze crown-wearing longitudinal masks, flat-headed gold-faced bronze human heads and other cultural relics as prototypes.
Sanxingdui: Open the Door of Chinese Civilization (Hardcover Edition) ¥29.9 Purchase
After all, there is a successful precedent, 2 years ago, after the launch of an institution, after the launch of the crowdfunding, more than 40 days raised 430,000 yuan.
Taking a step backwards, relying on the "Sanxingdui" cultural IP, Zhang Yanhui did nothing, just sold and sold, each trademark was conservatively 1 million, 53 trademarks were sold, and the hand was 0.5 billion yuan.
In an instant, a Vietnamese woman from the Third World relied on the cultural treasures of a large country.
She didn't have to do anything, just relied on an application, registered "Sanxingdui", and turned into a billionaire.
Although demonic, but realistic.
02
Zhang Yanhui first registered the "Sanxingdui" trademark in May 2010, and the class registered that year was Class 29.
According to the Madrid System for the International Registration of Marks, there are 45 classes of trademark registration.
Category 29 consists mainly of meat, fish, poultry and game; gravy; Pickled, frozen, pickled and cooked fruits and vegetables.
The first shot, registered in the 29th category, is also in line with Zhang Yanhui's gender characteristics.
An exclamation: Vietnamese women will run the family.
From 2015 to 2017, it was the peak period for Zhang Yanhui to register the "Sanxingdui" trademark, and in 3 years, a total of 34 trademarks were applied.
There are insurance consulting, banking, and credit card services in Category 36, and tractors and strollers in Category 12.
A sigh: there is no order for money.
It can be seen that during the period, Zhang Yanhui predicted that Sanxingdui would be on fire, register if it could be registered, and hold the idea that milk is a mother, and stage a crazy application model.
Many people ask why Zhang Yanhui, as a Vietnamese, can register a trademark in China.
In fact, this is related to the agreement signed by China in that year, when It entered the WTO, and before China's accession to the WTO, the total number of trademark registrations and effective registered trademarks in China was currently at the forefront of the world.
In order to meet the needs of Joining the WTO, the Trademark Law was amended for the second time.
The revised Trademark Law embodies the principle of national treatment and allows foreigners to apply for Chinese trademarks:
Article 17 Where a foreigner or foreign enterprise applies for the registration of a trademark in China, it shall be handled in accordance with the agreement signed between the country to which it belongs and the People's Republic of China or the international treaty to which it is jointly a party, or in accordance with the principle of reciprocity.
Article 18 Where a foreigner or a foreign enterprise applies for trademark registration in China and handles other trademark matters, it shall entrust a trademark agency established in accordance with law to handle it.
From a legal point of view, Zhang Yanhui, as a Vietnamese woman, applied for a Chinese trademark, which met the legal requirements in the main body, and she entrusted a trademark law firm named Naomi in Sichuan to handle it, and the subject and procedure were not flawed.
Another question is, can Zhang Yanhui apply for cultural trademarks?
Cultural trademarks are different from general commodity trademarks, which often pin down and contain the recollection of a certain period of history, literature and art by a nation and place.
Foreigners register Chinese cultural trademarks, which is emotionally difficult to accept.
For example, if the Japanese register "Confucius House Wine", Chinese will certainly not do it.
But the problem of the law cannot be considered and resolved with feelings.
The background of the current revision of the Trademark Law is to adapt to the accession to the WTO, and indeed stipulates the principle of equal treatment and national treatment.
There are no prohibitions on foreigners registering Chinese national cultural trademarks.
Just stipulate the 8 red lines that cannot be touched by registered trademarks:
(1) identical or similar to the state name, national flag, national emblem, national anthem, military flag, military emblem, military song, medal, etc. of the People's Republic of China, as well as the same as the name, logo, name of a specific place where the central state organ is located, or the name or graphic of a landmark building;
(2) identical or similar to the name of a foreign country, the national flag, the national emblem, the military flag, etc., except with the consent of the Government of that Country;
(3) identical or similar to the name, flag, emblem, etc. of an intergovernmental international organization, except where the organization has consented to it or is not easily misleading to the public;
(4) identical or similar to official signs or inspection marks indicating the exercise of control or guarantees, except where authorized;
(5) Identical or similar to the names or signs of the "Red Cross" or "Red Crescent";
(6) Ethnically discriminatory;
(7) It is deceptive and is likely to cause the public to misidentify the quality or other characteristics of the goods or the place of origin;
(8) Harmful to socialist morality or has other negative effects.
In addition to the above 8 articles, non-prohibited entry is allowed to register.
03
As early as before the archaeological excavation, Sanxingdui created a 3D animation film "Sanxingdui Glory Awakening" for the theme and received eye-catching ratings when it was broadcast on CCTV, and its popularity continued, winning no.1 in the 2019 national TV animation ratings.
At present, the peripheral products around Sanxingdui, such as fisherman's hats, water cups, canvas bags, necklaces, stud earrings, playing cards, masks and a large number of cultural and creative products that are quite popular with consumers.
It is understood that the average daily sales of Sanxingdui IP cultural and creative products reached a maximum of 110,000 yuan, and the cultural and creative income also increased by more than 5 times.
Sanxingdui Museum joint disposable breathable protective adult mask [multiple optional] ¥23.8 purchase
The popular "Sanxingdui" attracted people's attention, resulting in the "Sanxingdui" trademark being preemptively registered by Zhang Yanhui, mainly for two reasons.
First, the threshold and fees for trademark registration in mainland China are low
Article 4 of the Trademark Law stipulates that ordinary citizens can register trademarks, and the fees are low, and the former State Planning Commission and the Ministry of Finance calculated the price [1995] No. 2404 document, the cost of registering a single-class trademark is only 300 yuan, and the cost of trademark squatting is low.
Second, the return on trademark squatting is high
With 50% profit, capital is desperate: 100% of profit capital tramples on all human laws, and the benefits of trademark squatting are several times its cost.
04
At present, the relevant departments have adopted corresponding regulatory measures to curb trademark squatting, including the legislative establishment of the right to use trademarks first, administrative trademark oppositions, invalidation and cancellation systems, and judicial litigation channels.
However, these regulatory approaches are all regulated after the occurrence of squatting, and the results are not good.
In the face of the preemptive registration of the "Sanxingdui" trademark, the most realistic way is to use the law to protect rights.
Article 32 of the Trademark Law stipulates that "an application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it be preemptively registered by improper means a trademark that has been used by others and has a certain impact." ”
For the application for registration of trademarks for preliminary examination and approval, the Sichuan Guanghan Sanxingdui Museum may file an opposition with the Trademark Office during the publication period, and it shall make a decision not to register.
For a trademark that has already been registered, the Trademark Review and Adjudication Board may be requested to declare the registered trademark invalid within five years from the date of trademark registration.
In the long run, it would be more effective to request protection for well-known trademarks.
Article 13 of the Trademark Law stipulates that "if a trademark for which registration is not applied for on different or unrelated goods is a reproduction, imitation or translation of a well-known trademark already registered in China by another person, misleading the public, so that the interests of the registrant of the well-known trademark may be harmed, it shall not be registered and its use shall be prohibited." ”
In other words, after a trademark is recognized as a well-known trademark, cross-class protection can be realized, from the goods in its registered class to other classes of goods, so as to maximize the protection of trademark rights.
In addition, because cultural heritage trademarks and their important derivative interests belong to the legitimate interests protected by intellectual property rights. To solve the problem of backorder, it is not necessary to strictly require "prior use time" as a requirement.
Conduct comprehensive analysis based on relevant objective factual evidence, etc., so as to better protect the intellectual property rights interests derived from cultural heritage.
In addition, regarding the identity of Zhang Yanhui, it is rumored that there is a Vietnamese bride with the same name in Deyang, Sichuan, who was introduced to Sichuan in 2012.
However, since Zhang Yanhui's first registration of the "Sanxingdui" trademark occurred in 2010, it is obviously impossible for "Zhang Yanhui", who dropped out of school in Vietnam at home at the age of 11 before coming to Sichuan.
Who is Zhang Yanhui? Follow my headlines and wait and see.
Resources:
[1] Luo Zongkui Practices, Problems and Countermeasures for The Protection of Intangible Cultural Heritage Trademarks Source: Cultural Heritage
[2] Cui Xuan and Li Xinyi Social capital participates in the protection and inheritance of intangible cultural heritage, legal risk prevention, source: Tianjin Jurisprudence
[3] Wei Lili Exploring the Legal Regulatory Path of Trademark Bad Faith Squatting Source: Political and Legal Theory Series
[4] Yan Yonghe, Li Shuaitong Path Selection and System Design of Intellectual Property Protection in Traditional Handicrafts Source: Hebei Law School
Welcome to pay attention to @June 1 Governor, tell the history of a rich man's fortune every day, dig up the in-depth story behind it, so that everyone can live up to the great changes that have not occurred in a hundred years, and realize wealth freedom as soon as possible.
About the author: Governor June 1, winner of the Ford International Scholarship, focuses on excavating the history of the rich list and unlocking the wealth key for ordinary people, welcome to pay attention. Original content, please do not reprint in any form without authorization!