The 50 -year agreement identification is true, the Red Bull litigation war may be reversed

"China Economic Weekly" reporter Li Yonghua | Beijing report

The litigation war between Chinese Red Bull and Thai Silk is ushered in a major turning point.

"China Economic Weekly" reporter was informed that the results of the "50 -year agreement" of the "50 -year agreement" of the two sides of the two sides were true.

In April 2022, the Shenzhen International Arbitration Institute commissioned the judicial appraisal agency to identify the signature traces of five people including Yan Bin and Xu Shubiao involved in the 50 -year agreement. Recently, the identification results have been released. According to the results of judicial appraisal, the signatures of five people including Yan Bin and Xu Shubiao are true.

"This is good news for the Chinese Red Bull. '50 -year agreement 'If it is accepted by the judicial institution, it may become an important turning point to reverse." A legal expert who has long been concerned about the Chinese Economic Weekly of the Chinese Economic Weekly who has paid a long time to pay attention to the Chinese Economic Weekly "The reporter said.

In the 50 -year agreement, Yan Bin and Xu Shujiao signed the real

The story of Chinese Red Bulls and Thai Tiansi began in 1995.

That year, Xu Shubiao's Tiansi Group and the Bi Bin Group reached a cooperation in March to set up a joint venture company as the investment subject of Chinese Red Bull, and pulled the China Food Industry Corporation (hereinafter referred to as "China Food Company") , Shenzhen Zhonghao (Group) Co., Ltd., two state -owned enterprises.

At the beginning of the cooperation between the two parties, the former Ministry of Health approved the Chinese food company to produce "vitamin functional beverages" and opened the door to legal production of red bull beverages in China.

According to public reports, in view of the decisive role of China's legal production qualifications for Red Bull beverages, in November of that year, shareholders of China and Thailand and the establishment of a joint venture in China signed an agreement with a cooperation period of 50 years, namely the above "50 -year agreement". Clarify the exclusive management right of Chinese Red Bull. Chinese Red Bull paid fragrance spice costs to Thai Silk, and paid a fixed return on sales fee for sales, etc., and agreed that the agreement was valid for 50 years.

However, I encountered a problem when the industrial and commercial filing was recorded. According to the regulations at the time, the joint venture period of joint ventures is generally 10 to 30 years. Chinese Red Bull explained that in order to ensure the successful registration of industry and commerce, all parties will be adjusted to 30 years in the joint venture contract. After the expiration, the two parties will renew the exhibition in accordance with 50 years of cooperation. In the end, the business period stipulated by the China Red Bull business license approved by the joint venture is 20 years.

This also laid hidden dangers for the commercial war between the two sides 20 years later.

Beginning in August 2016, Thailand launched a trademark infringement lawsuit with the Chinese Red Bull. The background is that the 20 -year business period of the two parties is about to expire, asking Chinese Red Bull to stop using the Red Bull brand. Chinese Red Bull believes that the agreement signed by the two parties stipulates that the cooperation period is 50 years, and it has not yet expired.

As a result, from 2016, the Chinese Red Bull and Thai Silk have set off a warfare war on trademarks, dividends, equity, etc., and are now even more fierce. Thai Tiansi sued the Chinese Red Bull and its entrusted processing manufacturers, suppliers, dealers and other upstream and downstream companies on the grounds of trademark infringement, requiring the use of Red Bull trademarks.

Chinese Red Bull stated in the statement that the cooperation period is 50 years and the exclusive business sales right of joint venture companies is the prerequisite for Red Bull drinks to enter China. It is the protection of the interests of stable expectations for investors in all parties and the foundation of creating a good business environment.

However, in the previous "Red Bull Series Trademark Case" by the Supreme Court, the Chinese Red Bull failed to provide the original 50 -year agreement, which caused the authenticity of the 50 -year agreement due to "no question" in the relevant judgment. This time the Chinese Red Bull was passive in a series of lawsuits.

In the eyes of many legal experts, according to the current judgment, whether the continued use of the Red Bull's continued use of Red Bull trademarks will depend more on the agreement of the joint venture contract and the effectiveness of the 50 -year agreement.

In February 2019, the Chinese Red Bull filed a lawsuit in Shenzhen Qianhai Court in accordance with the 50 -year agreement, requesting to confirm in accordance with the law: In China, only Chinese Red Bull enjoys the right to produce and sell red bull beverages. Sales Red Bull drinks.

Therefore, the 50 -year agreement is regarded as the core evidence of reversing the overall situation in the war of the Sino -Thailand Red Bull.

At the end of February 2022, China Red Bull announced that the 50 -year agreement had been found and provided to the relevant courts.

But this process is not smooth.

Among the multiple litigation cases on both sides, Thailand's Tiansi proposed procedure requests such as supervisors, jurisdictions, and handwriting identification. For example, in the trial of the international arbitration agency applied for the red bull trademark ownership of the Red Bull trademark, Thailand Tiansi passed the jurisdiction of objections, and the jurisdiction of objections. The appraisal of the 50 -year agreement of the agreement, etc., extended the process of arbitration cases.

In April 2022, the Shenzhen International Arbitration Institute commissioned the judicial appraisal agency to identify the signature traces of five people including Yan Bin and Xu Shubiao involved in the 50 -year agreement.

The current judicial appraisal results show that the signatures of five people such as Yan Bin and Xu Shubiao are true.

How will the litigation war go?

The above -mentioned legal experts who have been concerned about the Red Bull series of lawsuits commented: "The results of this judicial appraisal will change the passive situation of Chinese Red Bulls before, which is a major turning point in the entire litigation war."

This is undoubtedly a great benefit to the Chinese Red Bull and its commissioned processing manufacturers, suppliers, dealers, etc. upstream and downstream companies.

Guan Yuxiang, the founder of Chinese Red Bull's packaging tank supplier, said to the reporter of "China Economic Weekly": "The truth will always come."

From the beginning of the establishment of Chinese Red Bull, Orean has always provided a packaging tank for Red Bull. It is also a listed company that grew up in the Red Bull Industry Chain. In the war -fighting battle of the Red Bull, Orekin was also sued in court by Thailand, asking him to stop the manufacturing and sales of Red Bull trademarks, and applied for the court to freeze more than 240 million yuan of assets in Orekin. "Fortunately, we are a listed company and can carry it. If it is a small company, it has long been ruined." Guan Yuxiang said, but the relevant lawsuit has led to the evaporation of Orekin's market value.

She felt wronged and helpless. Guan Yuxiang met with Xu Shubiao many times. At that time, I followed the Chinese Red Bull to Beijing Huairou Factory. She went to Thailand to meet Xu Shubiao. "Xu emphasized that there was a 50 -year cooperation agreement between him and Yan Bin and Chinese state -owned enterprises, so I could rest assured." Guan Yuxiang said.

The 50 -year cooperation period is that Guan Yuxiang is determined to follow the Chinese Red Bull and also invest in the foundation of the construction of a packaging to produce packaging tanks. In Huairou, Beijing, the two factories are only 800 meters apart.

Judging from the agreed of the 50 -year cooperation agreement, Chinese Red Bull enjoys an exclusive operating right of 50 years of production and sales of Red Bull drinks. This means that Orekin can also continue to provide a packaging tank for Chinese Red Bull.

In fact, in the previous 20 years, the cooperation between Xu Shubiao and Yan Bin was pleasant. The two parties solve the problem of registration and publicity of foreign trademarks through renewal trademark license contracts. Thai Silk did not register Red Bull trademark without authorization.

However, after Xu Shubiao's death, Xu Xinxiong, the successor of Thai Silk New Silk, began to adopt a series of new measures against the Chinese Red Bull. The trademarks of the registered joint venture company, the production of Red Bull drinks with new partners, etc., will no longer perform the 50 -year agreement.

The attitude towards the 50 -year agreement is also worthy of playing.

Prior to February 2022, the Chinese Red Bull failed to find the original of the 50 -year agreement. Therefore, the 50 -year agreement as an important evidence has always appeared in a series of lawsuits in a copy.

In the "Red Bull Trademark Case" lawsuit of the Supreme Court, Thailand's attitude towards the copy is that "does not recognize authenticity, and the agreement has nothing to do with this case." However, after the Supreme Court determined that the 50 -year agreement was "doubtful" due to "no original", the attitude of the Thai Tiansi became: the 50 -year agreement has not been signed in the case of multiple lawsuits.

At present, many cases of the Sino -Thai Red Bull litigation war are in the first or second -instance stage. The above -mentioned legal expert analysis, as the core evidence of a series of cases, if the "50 -year agreement" is accepted by the judicial institution, it will directly affect the following judgment.

And if Chinese Red Bulls wins the lawsuit, it means that Chinese Red Bull actually enjoys an exclusive operating right of production and sales of Red Bull beverages for 50 years.

But since 2012, Thai Silk has begun to set up another stove to deploy the Chinese market.

In July of that year, Thailand's new agency company -Guangzhou Energy Beverage Co., Ltd. (hereinafter referred to as "Guangzhou Energy").

In November 2014, Wang Rui, general manager of Chinese Red Bull, resigned. At present, Wang Rui and Chinese Red Bull executives Wang Donghui sold in Beijing, Shenzhen and other places selling "Pusheng Company" is Thailand's Red Bull -flavored drink.

In September 2019, Thai Tiansi officially launched the "Red Bull Annai Drink" through Guangzhou's energy. In December of the same year, Tiansi sold the "Red Bull Vitamin Flavor Drink" produced to Thailand through Wang Rui's Pu Sheng Company.

The "Red Bull Annai Drink" and "Red Bull Vitamin Flavor Beverage" launched by Thai Tiansi are very similar to the "Red Bull Vitamin Functional Drink" launched by Chinese Red Bull in appearance design.

If the validity of the 50 -year agreement is ultimately confirmed by justice, will the "Red Bull Vitamin Flavor Drinks" and "Red Bull Anneji Beverage" launched on the market currently face legitimacy risk? Does it even face the fate of being cleared outside the market?

Whether it is Chinese Red Bull or Thai Silk, the final fate still needs the final judgment of the judicial judgment.

Responsible editor | Yang Lin

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