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"Beijing Benz" trademark dispute of intellectual property rights,

  sales of Mercedes-Benz cars in mainland China, quite a few from the Beijing automotive industry holding co and Daimler AG, Daimler North East Asia three joint venture companies, which Beijing Benz-DaimlerChrysler Automotive company, these cars were marked "Beijing Benz". According to reports, because Daimler Holding AG registered "Beijing Benz" was rejected, Daimler will judge to court on March 3, the Beijing Municipal first intermediate people's Court heard the case.
to see this news, I wonder why the case to court, Beijing Benz joint venture and Chinese shareholders have not taken action to protect their legal rights?
control of the parent company's core competitiveness strategy of intellectual property
this case embodies the typical multinational companies set up joint ventures in China intellectual property strategies, that is, including all intellectual property rights of brands/trademarks, and core competence of all control in the hands of foreign investors, the parent company.
from a large number of intellectual property rights in recent years the Chinese Government loses the case and compensation mistakes and began to realize that lack of intellectual property rights abuses, presents an innovative national strategy encourages the establishment of research and development centers. However, these research and development centers to enjoy tax concessions by the Chinese Government, but very few applications for intellectual property rights, even if applied for intellectual property rights, are rare people of intellectual property licensing fees charged to subsidiaries of transnational corporations.
due to multinational of this intellectual property strategy, led to China subsidiary and joint venture enterprise are like was people led live has "key", in Enterprise core competitiveness aspects subject Yu foreign mother company, and which at least caused two aspects of consequences: a is mother company can at any time through stop intellectual property license to cut subsidiary or joint venture company of lifeline; II is, according to international practice and legal, intellectual property right people can annual from joint venture Enterprise/subsidiary charged intellectual property license costs, Both joint-venture enterprises to cultivate the company's brand, and get extra income, and investment to get after-tax dividends go hand in hand! This coup to grab profits of transnational corporations, of course, but also significantly increase the burden of joint ventures or subsidiaries, reduced investment income of other joint ventures.
MNC subsidiaries in China since all control in the hands of the parent company, so although legal affiliates and parent companies are separate legal entities, registered subsidiaries of the parent company's trademark or other intellectual property rights, while suspected of harming the interests of subsidiary as an independent legal entity, but, in fact, controlled by a subsidiary of the parent company is highly unlikely somebody fighting for subsidiary rights or litigation. Therefore, this problem does not occur.
Why do so many joint ventures, joint venture of mandatory legal requirements in particular fields, there are still so many joint ventures and no one raised this problem? First is the Chinese shareholders lack awareness of intellectual property rights and laws, and lack of forward-looking strategic vision of intellectual property rights. Second is many joint venture enterprise is foreign holding, daily business master in foreign hand in, due to in company governance aspects also technical than people, China to control enterprise daily operation, even enterprise has trademark/patent, wisdom results, to timely application intellectual property, into for joint venture enterprise all (is parties shareholders indirect total) of intangible assets, and track monitoring patent and trademark, announcement dynamic, timely proposed objections, prevent foreign shareholders against joint venture company of interests. Third, many joint venture was formally comply with the law, in reality, it is "joint venture" Chinese shareholders can't play what role. Once allowed in certain industries-owned, many immediately in the first period of the joint venture, successfully completed very quickly change-owned, is obvious.
How to break?
If the foreign shareholder, venture is in its hands, seems to be a similar problem is difficult to solve. However, it is not entirely impossible. Chinese shareholders are interested may wish to look at the law, because if it is a registered trademark of the joint venture shareholders, seemed to be arrested for violations of company (joint venture) rights. China as a shareholder, can use the provisions of the company law, require the company to actively apply for trademarks and patents and other intellectual property rights and require the company to external parties registering objections in accordance with law, can proactively challenge, making full use of administrative and judicial remedies on trademark opposition procedures.
of course, more important is that Chinese enterprises should pay real attention to intellectual property strategy, and practice it in everyday business operations, such as joint venture contracts and articles of association should have the intellectual property rights agreement, prevent harm the company's interests by holding parties. Similar to "Beijing Benz" trademarks also attracted media attention, like other "Mercedes-Benz in Beijing" Chinese or English domain names to attract media attention, such as intellectual property disputes did not know how many. Therefore, the media attention is not a long-term plan, investors in Chinese companies, including the State-owned assets supervision rules and regulations should be established, will be the focus of enterprise IPR management into the management of evaluation issues, intellectual property rights are intangible assets should also be included in the core competitiveness of State-owned assets loss monitoring category, only a multi-pronged, maybe can mend, especially late.

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