For Seagull Group, this is the third time that it has won the rights protection at the Basel International Watch and Jewellery Exhibition!
Recently, China National Intellectual Property Administration sent people to Seagull Group for specific investigation, and the reporter of Legal Daily followed the interview, from which we learned some little-known behind-the-scenes details of Seagull Watch against Swiss Watch at the top international watch exhibition.
Han Xiucheng, deputy director of China National Intellectual Property Administration Office, said: "At international exhibitions, some Chinese enterprises are often panicked, unable to deal with it, or even abandoned because of insufficient preparation for intellectual property rights, which has caused a very bad negative impact and damaged the corporate reputation and national image. Seagull Group is committed to innovation, pays attention to protection, calmly responds and wins one after another, which not only well protects its legitimate rights and interests, enhances its brand’s international popularity, but also wins a good reputation in the international industry. Seagull is a good example, and we need such enterprises, and the more the better. The experience of seagulls is worth learning for some’ going out’ enterprises. "
Take out the presentation materials in 10 minutes
This year’s International Watch and Jewellery Fair in Basel, Switzerland, has unprecedented strict protection of intellectual property rights. Many brand enterprises have hired a large number of lawyers and moved around the exhibition. During the exhibition on March 7, several intellectual property complaints occurred, while in previous years, similar complaints were basically concentrated in the late stage of the exhibition.
The tense air made Seagull Group extremely cautious and repeatedly screened to ensure that the 81 products on display were reliable and safe, and all products that might cause controversy were not exhibited.
However, "the tree wants to be quiet but the wind will not stop." Recalling the scene of Omega v. Seagull, Jun Lv can still remember it vividly. He is the general manager of Tianjin Seagull Group. He went to Basel temporarily because of illness and went through the whole process.
On the afternoon of the second day of the exhibition (9th), Omega Company, a subsidiary of Swatch Group, complained to the Intellectual Property Committee of the Organizing Committee of the Basel International Watch Exhibition, claiming that Seagull Watch used the English word "CO-AXIAL" in its description of coaxial tourbillon, which constituted infringement on two trademarks of Omega Watch.
At 16: 30 on the same day, the legal adviser of Swatch Group led the lawyers of the Intellectual Property Committee of the Organizing Committee to appear in front of the Seagull Table booth, demanding evidence and informing us of the contents of the lawsuit.
In the face of this situation, Jun Lv showed no fear. Ask the other party to show the basis for accusing seagull of infringement, and call "our lawyer" at the same time.
Omega took out their registered trademarks and materials. Jun Lv quickly realized two points: first, the accusation of "CO-AXIAL" shows that our products are technically and visually incapable of being picked out by the other party; Second, the word "CO-AXIAL" was not created by Omega, and it can be found in any dictionary. What constitutes the trademark of Omega is the combination of the word "CO-AXIAL" and many elements, so seagulls can’t infringe the trademark right of the other party.
After consulting with the lawyer, Jun Lv offered to find a place to sit down, and Seagull immediately made a brief statement. The other party agreed.
The main content of the statement is: CO-AXIAL is a very professional technical word. Seagulls use this word to describe products, not as trademarks. Seagull didn’t harm anyone’s interests, and at the same time it didn’t accept any accusations.
Lawyers from the Intellectual Property Committee of the Organizing Committee took notes on the spot and held consultations. However, the other party said that it did not accept our point of view. So, the other party took evidence directly on the seagull showcase, and we asked to write a receipt and take photos during the evidence collection process.
The lawyer of the Intellectual Property Committee of the Organizing Committee informed that the case would be discussed in the evening and the verdict would be pronounced at 10 am on the 10th. According to the regulations of the exhibition, if Seagull Group fails to submit the relevant litigation object to the Intellectual Property Committee before 18: 00 on the same day, it will be regarded as that China lost the case.
"After they left, I looked at my watch. By 6 o’clock, there would be more than 20 minutes left. So I decided to write the presentation materials in 10 minutes and send them in another 10 minutes. " Jun Lv said.
In fact, the word CO-AXIAL can be found from encyclopedias to dictionaries. Together with Qi Xin, we quickly found the most powerful evidence: in an article published by an Englishman in the 1970s, the word CO-AXIAL was used, indicating that the word has long been widely known and widely used, and the word was used in the trademark of Omega at the beginning of this century. In addition, Seagull only found a word in the dictionary to describe its own products, and has no intention of malicious competition with Omega and Swatch Group.
Although confident of winning, seagulls are cautious. Tianjin is required to fax a lot of supplementary materials, and once the judgment is unfavorable, prepare for further appeal.
As a result, the Intellectual Property Committee of the Organizing Committee ruled in German and English on the 10th that Seagull Group did not infringe. At that time, Swatch Group did not make any refutation.
"As can be seen from this case, this team of Seagull Group has strong actual combat capability, is well prepared, and is more decisive, orderly and timely in improvisation. The evidence produced within 10 minutes shows that we are more calm in dealing with international litigation, which is the return of our efforts in product innovation and intellectual property protection over the past decade. " Jun Lv thinks.
Respond actively at all costs.
So far, Seagull Group has won three consecutive victories in the watch and jewelry exhibition in Basel, Switzerland.
In 2008, the independent watchmaker of Swiss Ritual Group complained to the Intellectual Property Committee of the Organizing Committee, and put forward the key component "differential structure" of Seagull double tourbillon watch, which copied the company’s patent design.
"At that time, when we hired a lawyer who could speak French, we were reluctant to see that it was a move with the Licheng Group, and we felt that the possibility of winning was very small." Jun Lv recalled.
Anyone who knows a little about the Swiss watchmaking industry knows that multi-brand conglomerates such as Ritz, Swatch and LVMH, together with single-brand conglomerates like Rolex, firmly hold the right to speak in the Swiss watchmaking industry.
Facing the challenge of the number one group in the international watch industry, Seagull Group was in a bit of a mess at that time, but one thing was very clear, that is, "we have the patent and confidence, and we will resolutely fight at all costs".
Although it is past 10 o’clock in the evening, the creative staff in Tianjin are still sending faxes to Switzerland page by page. "We told the organizing committee that the complaint was in French and had to be translated into English, which bought some time for responding to the lawsuit. When the original drawings from the headquarters were transferred to the lawyer, he had the confidence to agree to take the case. " Jun Lv said.
At 4: 30 pm the next day, Seagull Group handed in all the responding materials, and the Intellectual Property Committee of the Organizing Committee made a ruling that night: among the five main technical features in dispute, three were untenable, and two were the same but normal things in mechanical products, so it was decided to "not support" the complaint of Liyi Group.
After that, there was another controversy until last year. The 2011 Basel Watch and Jewellery Fair in Switzerland ended on March 31st. On the morning of 29th, a Swiss company complained that the design of Seagull Group’s "tourbillon Stainless Steel Cufflink Jewelry" was "similar" to its products, which was "infringement", and demanded that Seagull Group immediately remove the relevant products and accept punishment.
Jun Lv was there. In the face of the other party’s very impolite words and deeds, Jun Lv responded superciliously: "Please show me the basis of the accusation. As for our products, there are not only Swiss patents, but also continuous exhibitions in 2009. If you have any questions, please consult my lawyer. "
The dynamic tourbillon embedded in the cuff links is a very creative extension product of Seagull Group, which has obtained the appearance patents of China and Switzerland respectively. Jun Lv had a well-thought-out plan and decided to counterclaim the Swiss company for infringement on the afternoon of 29th.
The next day, Seagull Group submitted counterclaims. The Intellectual Property Committee of the Organizing Committee immediately sent a special person to the company’s showcase to check the products and collect evidence.
"When we appeared with the lawyers of the Intellectual Property Committee of the Organizing Committee, the other party immediately argued that there was no infringement." Jun Lv bluntly pointed out on the spot that if the products were different, then why should we sue Seagull Group? Why do you claim to produce tourbillon cufflinks on the exhibition poster? Jun Lv personally selected a sample of the other product.
On the 31st, the verdict came out and the counterclaim was successful. The other party’s products are removed from the shelves and fined.
Jun Lv told the "Legal Daily" reporter: "Seagull Group participated in the Swiss exhibition for the purpose of learning, exhibition and marketing, and there is no confrontation with anyone."
Passport to internationalization
Faced with the constant challenges from international watch giants, Seagull executives are increasingly aware that Seagull watches must take the road of internationalization if they want to occupy a place in the world watch industry. Paying attention to independent innovation and strengthening the protection of intellectual property rights such as patents and trademarks is an important passport to internationalization.
In this regard, seagulls have not fallen and paid tuition fees.
In the late 1990s, a seagull watch was sued for appearance infringement when it was exhibited abroad. Seagulls were helpless at that time, with no patents and no language, watching people seal exhibits and issue tickets.
The seagulls still remember that lesson. Even after the three-game winning streak, the seagulls still did not forget to reflect.
Despite winning the battle in 2008, seagulls deeply reflected and summed up many problems: serious lack of international business experience; Insufficient understanding of applying for foreign patents; Insufficient protection of independent intellectual property rights; In terms of work efficiency, communication support, problem handling and emergency response ability, it can’t keep up with the requirements of internationalization …
To this end, Seagull Group has established an intellectual property committee headed by the general manager, with offices for intellectual property, patents, trademarks and legal affairs. Require new product research and development, must go through patent search, and apply for a patent at the same time in research and development; Every time an international exhibition is held, the legal adviser of the participating country must be hired to assist in the examination of the participating products and help to understand the local laws.
This year’s exhibition experience, seagulls also think that the other side has given a valuable lesson. At present, some domestic enterprises, including Seagull Group, focus on the product name when applying for trademark registration. However, some international brands will not only register the product name trademark, but also incorporate some core technologies and product features into the trademark content, which domestic enterprises should learn.
Due to its emphasis on technological innovation, Seagull Group has presided over or participated in the formulation of many national and industrial standards such as "tourbillon Watch" in recent years. As of February 2012, Seagull Group applied for 494 patents, and applied for patents in Switzerland, Germany and Japan respectively.
At present, the number of patents of Seagull Group accounts for more than 50% of the domestic watch industry.
According to the analysis of insiders, Seagull Watch and China enterprises have suffered more and more intellectual property suppression in international exhibitions in recent years, which is largely a response to the rise of the strength of China enterprises. Although there is still a gap between our products and the international advanced level, our products have great development potential, which is enough to arouse the prevention of international counterparts.
Experts believe that the internationalization process has put forward higher requirements for our enterprise in intellectual property protection. Seagull’s three-game winning streak is not only due to its emphasis on technological innovation and intellectual property protection, but also good at accumulating experience in dealing with disputes in overseas exhibitions. In the intellectual property game with foreign enterprises, not only professional knowledge, but also full preparation in all aspects are required to effectively deal with, resolve disputes and protect rights and interests. (Reporter Li Li)