JIADUOBAO Herbal Tea, 310 ml

Product Information

This branch also holds the Wong Lo Kat brand and was classified as a state-owned enterprise Guangyao Group in 1990. job responsibilities undertaken by the former employee or tasks assigned by the former employer while the said employee still worked for the employer;

Wanglaoji, otherwise written as Wong Lo Kat Herbal Tea in Cantonese characters, is a brand that was launched by Wang Zebang, a doctor and his family from Guangdong and Guangxi provinces, in 1828 during the Qing Dynasty. Because of its widespread popularity in southern China, the brand is synonymous with Chinese herbal tea, just as much as Coca Cola is to cola. The recipe has been handed down through multiple generations and thrives today. In around 1949, the Chinese government seized the assets of the company, along with all private companies and all its associated assets. The company’s descendants then moved its operations to Hong Kong. Since then, the trademark had been owned by the government of the People’s Republic of China. Today, the trademark is owned by state-owned Guangzhou Pharmaceutical Holdings Limited. Guangzhou Pharmaceutical arbitrated the trademark issue in April 2011. In May 2012, the arbitrators ruled the two extension contracts invalid, found the trademark agreement expired on 2 May 2010, and thus Hung To Group and JDB had no right to use it after then. The Coca-Cola Company, Pepsi-Cola Company, Uni-President Group, and Wahaha Group are all diversified large-scale production companies. the new individuals reproduced share identical features and characteristics with the licensed variety. (4)The system from raw material supply, processing, production bases, distributor channels and terminal sales channels is very complete. Since then, Wanglaoji herbal tea, which originally occupied an absolute dominance in the industry, was divided into two-the trademark belongs to Guangyao, but the herbal tea formula is owned by Hongdao Group.

The SPC elaborated the boundaries of the scope of protection of new plant variety rights and the criteria in ascertaining infringement under different circumstances. The SPC affirmed the propagating material of a licensed variety falls under the scope of protection of a new plant variety right. Nevertheless, the scope of protection cannot be confined to propagating materials acquired through specific methods utilised in applying for the variety right. Those plant materials that are different from the propagating material commonly used by a breeder during the granting of their new plant varieties, yet may still be utilised as the propagating material of the licensed variety, shall also fall under the protection scope of the new plant variety. A plant material that is to be ascertained as the propagating material of a certain licensed variety must meet the following conditions: In the Honda case dated September 23 2019, which was an OEM case (the OEM factory is not authorised by the trademark owner in China but all the products are to be exported), the SPC reversed its previous opinion in the Pretul case of November 26 2015, in which it affirmed that, since the goods are exported, the trademark affixed on them does not fulfil its basic function of "indicating the source of the goods", and therefore, is not used. This time, the SPC considered that "The act of trademark use should be assessed as a whole. As long as there is a possibility of distinguishing the source of the goods, there is 'use of a trademark' under the Trademark Law." This possibility of distinguishing the source of the goods concerns not only Chinese consumers (who may have access to the goods when travelling to the destination country), but also all the operators involved in the transportation of the goods.

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In 2012, Taobao Mall changed its name to Tmall (Tian Mao) which has phonetic similarity between its English and Chinese names. At the same time, a cat was designed as its mascot because of the name– Mao, which is cat in Chinese. One year later, Jingdong(also known as JD) suddenly changed its logo and designed a dog named Joy as its mascot. A war between a cat and a dog was triggered in the online shopping fest Double Eleven, November 11 th. In 1998, Hung To set up a wholly owned subsidiary called Dongguan Jia Duo Bao Drink & Food Co, Ltd (JDB), which carried on the production and sale of the herbal tea using the red can.

The confusion and debate for the unassuming battle of Chinese herbal tea domination in the beverage industry is predicated on the trademark legal case between the two seemingly same but different companies. To help clarify the situation of China’s beloved herbal tea beverage, let’s dig deeper into the history and current situation of the two brands. In around 1949, the Chinese government began seizing private companies and all associated assets. Wong Lo Kat's descendants established operations in Hong Kong, whilst all assets in Mainland China passed to a government-owned subsidiary.The Guangzhou Pharmaceutical Group first initiated the legal process, and it finally got a result on May 12, 2012. Consequently, from 1998 onwards, the two companies, GPH and JDB, were producing the same product using the same trademark, WANG LAO JI, but were selling the tea in very different containers: the green container and the red can.

After the foundation of the People's Republic of China, Wong Lo Kat (pronounced Wánglǎojí in Mandarin) in mainland China has been owned by the government.Apart from being about soft drinks, the Wang Lao Ji and Red Bull cases share an important commonality: the plaintiff, the ex-licensee, claimed that even if the licence was terminated, the success of the brand was due to its efforts and should, therefore, be rewarded. Several days after the arbitration, Guangzhou Pharmaceutical started to produce their own red can Wanglaoji beverage. [7] The Hongdao Group lease contract When it expires, the supplementary agreement signed subsequently will not be recognized by the law. The content of the slogan is true and consistent with the facts, because after the termination of the trademark licence agreement, Jia Duo Bao started commercialising the red canned herbal team with its own mark "Jia Duo Bao". Starting in 2003, JDB invested heavily in placing Wang Lao Ji commercials on television channels during prime time, and the red can herbal tea became famous in China.