US Johnson & Johnson (hereinafter referred to as "Johnson") v. Guangxi Guilin Zhonghui Technology Development Co., Ltd. (hereinafter referred to as "Guilin Zhonghui") counterfeiting its registered trademark in the Qixing District Court of Guilin, Guangxi. Entangled in the past four years, both sides of the registered trademark lawsuit seems to have fallen into a deeper legal quagmire.
Lawsuit "wheel battle"
On the 12th, after a four-hour trial, the two parties still had serious disagreements on the facts and evidence. The defendants Zhonghui Biological and Zhonghui Technology even reversed all the evidence of the prosecutor, and the prosecution did not respond further. The Seven Star District Court Announced that it will continue to sit for the election.
This means that the lawsuit that lasted for nearly four years has not ended and that Johnson and Guilin Zhonghui will have to conduct a seventh trial in this regard.
Johnson said Guilin Zhonghui counterfeited the registered trademark of ONE TOUCH on its blood glucose meter strip. On October 22, 2007, the Guilin Public Security Bureau filed an investigation on the case illegally. On September 11, 2009, Guilin Qixing District Public Prosecutor's Office filed a public prosecution, June 18, 2010. The Japan Qixing District Court has announced the conclusion of the trial and is scheduled to announce the verdict on the 25th of that month. However, no decision has yet been made.
In this trial, Guilin Zhonghui dismissed the qualifications, appraisal procedures, and attestation effectiveness in the courtroom for the prosecution's new trademark qualification. Guilin Zhonghui’s chairman, Li Zhong, even went through the trial process. Times said that the public prosecutor was interested in favoring Johnson and Johnson, and the seven-star district court’s law enforcement attitude was not open and fair. “Until today, the court has not pronounced, and it has already exceeded the maximum of 45 days.†Li Zhong said in an interview with the “First Financial Daily†yesterday that the results of the lawsuit should have been known in June last year, and at the latest Extended for one month, but I do not know why the delay has not yet been decided.
"ONE TOUCH" dispute
The core of the problem is mainly focused on the "ONE TOUCH" trademark dispute.
Johnson & Johnson has applied for the registration of "ONE TOUCH" as a registered trademark of blood glucose test strips. However, because the English phrase contains the characteristics of the one-time use of blood glucose test strips and violates the provisions of Article 11 of the "Trademark Law" in China, it has not been approved.
Afterwards, Johnson & Johnson grouped "ONE" and "TOUCH" together into "ONETOUCH" without spaces between the letters, and applied for a registered trademark of blood glucose test strip on July 21, 2004 in China.
“The purpose of Johnson & Johnson is not at all 'ONE TOUCH', but it is in our follow-up product upgrades. They are ulterior motives.†Li Zhong said that this lawsuit is essentially that Johnson and Johnson are trying to suppress competitors.
On January 14, 2011, the Johnson & Johnson announced that its "steady" blood glucose meter has withdrawn from the hospital markets of the United States, Canada, and Puerto Rico, and its "Wanhao" blood glucose meter continues to be used. The test paper involving disputes is used to support the "steady" series of blood glucose meters.
Li Zhong said: "Jung-Sheng does not really need to entanglement for a product that has been gradually abandoned. Zhonghui has a new blood glucose meter production capacity, this is Johnson's concern."
At present, Guilin Zhonghui's blood glucose meter products using electrode methods have been able to be mass-produced, and Johnson & Johnson's “Wenhao†series of products is a new generation of electrode blood glucose meters. This is a type of Johnson Foods recently pushing in the country.
According to public information, on February 28, 2002, Guilin Zhonghui was awarded the "People's Republic of China Medical Device Registration Certificate" issued by the Drug Administration of Guangxi Zhuang Autonomous Region for the production of blood glucose including the United States Johnson & Johnson ONE TOUCH series of blood glucose meters. Test paper. In April of that year, Guilin Zhonghui began to export its products in the form of OEM (manufacturer production). In accordance with the requirements of foreign companies, Guilin Zhonghui printed the captions of ONE TOUCH on the part of the blood glucose test strip, and the strips were packaged in black naked plastic (10605, -555.00, -4.97%) bottles. The secondary processing was performed by the ordering customer, according to the country Medical device registration data, together with its packaging, bottle stickers, trademarks, and instructions, are sold.
"Our emergence actually broke the monopoly and huge profits of Johnson & Johnson's blood glucose meter in the Chinese market," said Li Zhong. For example, he said that even at the current market price and cost calculations, blood glucose meter test strips are also high-profit products, Johnson's price per test strip is 5 yuan, the production cost is only 0.5 yuan. Guilin Zhonghui with the specifications of the test paper price between 2.3 to 3.3 yuan, the production cost of 0.2 yuan.
"The goal of Johnson & Johnson is not in ONE TOUCH, but we take this to destroy our follow-up products." Li Zhong revealed that in 2007, Guilin Zhonghui had only 20 million yuan worth of exports to 30 million yuan, and after 2008, the original All overseas customers suspended the contract. Affected by this, Guilin Zhonghui's total sales in 2010 have dropped to 4.99 million yuan, and there are a lot of liabilities.
After the court hearing yesterday, the representative of Johnson and Johnson quickly left the court. On the other hand, Johnson & Johnson did not publish updated statements and explanations on yesterday's trial. Jiang Ke, a member of Johnson & Johnson's Public Relations Department, replied: “We are also waiting for the outcome of the trial and we will announce it after the verdict.â€
The Guangxi Food and Drug Administration said in an interview with the reporter yesterday that on May 5, the State Food and Drug Administration instructed it to go to Guilin Zhonghui Company to listen to the report of the blood glucose test strip "used for ONE TOUCH series blood glucose meter" and believe that blood sugar As a medical device consumable product, the test strip can be used for one or more than two types of blood glucose meters. It belongs to the general use of consumable products and generally has no infringement.
Lawsuit "wheel battle"
On the 12th, after a four-hour trial, the two parties still had serious disagreements on the facts and evidence. The defendants Zhonghui Biological and Zhonghui Technology even reversed all the evidence of the prosecutor, and the prosecution did not respond further. The Seven Star District Court Announced that it will continue to sit for the election.
This means that the lawsuit that lasted for nearly four years has not ended and that Johnson and Guilin Zhonghui will have to conduct a seventh trial in this regard.
Johnson said Guilin Zhonghui counterfeited the registered trademark of ONE TOUCH on its blood glucose meter strip. On October 22, 2007, the Guilin Public Security Bureau filed an investigation on the case illegally. On September 11, 2009, Guilin Qixing District Public Prosecutor's Office filed a public prosecution, June 18, 2010. The Japan Qixing District Court has announced the conclusion of the trial and is scheduled to announce the verdict on the 25th of that month. However, no decision has yet been made.
In this trial, Guilin Zhonghui dismissed the qualifications, appraisal procedures, and attestation effectiveness in the courtroom for the prosecution's new trademark qualification. Guilin Zhonghui’s chairman, Li Zhong, even went through the trial process. Times said that the public prosecutor was interested in favoring Johnson and Johnson, and the seven-star district court’s law enforcement attitude was not open and fair. “Until today, the court has not pronounced, and it has already exceeded the maximum of 45 days.†Li Zhong said in an interview with the “First Financial Daily†yesterday that the results of the lawsuit should have been known in June last year, and at the latest Extended for one month, but I do not know why the delay has not yet been decided.
"ONE TOUCH" dispute
The core of the problem is mainly focused on the "ONE TOUCH" trademark dispute.
Johnson & Johnson has applied for the registration of "ONE TOUCH" as a registered trademark of blood glucose test strips. However, because the English phrase contains the characteristics of the one-time use of blood glucose test strips and violates the provisions of Article 11 of the "Trademark Law" in China, it has not been approved.
Afterwards, Johnson & Johnson grouped "ONE" and "TOUCH" together into "ONETOUCH" without spaces between the letters, and applied for a registered trademark of blood glucose test strip on July 21, 2004 in China.
“The purpose of Johnson & Johnson is not at all 'ONE TOUCH', but it is in our follow-up product upgrades. They are ulterior motives.†Li Zhong said that this lawsuit is essentially that Johnson and Johnson are trying to suppress competitors.
On January 14, 2011, the Johnson & Johnson announced that its "steady" blood glucose meter has withdrawn from the hospital markets of the United States, Canada, and Puerto Rico, and its "Wanhao" blood glucose meter continues to be used. The test paper involving disputes is used to support the "steady" series of blood glucose meters.
Li Zhong said: "Jung-Sheng does not really need to entanglement for a product that has been gradually abandoned. Zhonghui has a new blood glucose meter production capacity, this is Johnson's concern."
At present, Guilin Zhonghui's blood glucose meter products using electrode methods have been able to be mass-produced, and Johnson & Johnson's “Wenhao†series of products is a new generation of electrode blood glucose meters. This is a type of Johnson Foods recently pushing in the country.
According to public information, on February 28, 2002, Guilin Zhonghui was awarded the "People's Republic of China Medical Device Registration Certificate" issued by the Drug Administration of Guangxi Zhuang Autonomous Region for the production of blood glucose including the United States Johnson & Johnson ONE TOUCH series of blood glucose meters. Test paper. In April of that year, Guilin Zhonghui began to export its products in the form of OEM (manufacturer production). In accordance with the requirements of foreign companies, Guilin Zhonghui printed the captions of ONE TOUCH on the part of the blood glucose test strip, and the strips were packaged in black naked plastic (10605, -555.00, -4.97%) bottles. The secondary processing was performed by the ordering customer, according to the country Medical device registration data, together with its packaging, bottle stickers, trademarks, and instructions, are sold.
"Our emergence actually broke the monopoly and huge profits of Johnson & Johnson's blood glucose meter in the Chinese market," said Li Zhong. For example, he said that even at the current market price and cost calculations, blood glucose meter test strips are also high-profit products, Johnson's price per test strip is 5 yuan, the production cost is only 0.5 yuan. Guilin Zhonghui with the specifications of the test paper price between 2.3 to 3.3 yuan, the production cost of 0.2 yuan.
"The goal of Johnson & Johnson is not in ONE TOUCH, but we take this to destroy our follow-up products." Li Zhong revealed that in 2007, Guilin Zhonghui had only 20 million yuan worth of exports to 30 million yuan, and after 2008, the original All overseas customers suspended the contract. Affected by this, Guilin Zhonghui's total sales in 2010 have dropped to 4.99 million yuan, and there are a lot of liabilities.
After the court hearing yesterday, the representative of Johnson and Johnson quickly left the court. On the other hand, Johnson & Johnson did not publish updated statements and explanations on yesterday's trial. Jiang Ke, a member of Johnson & Johnson's Public Relations Department, replied: “We are also waiting for the outcome of the trial and we will announce it after the verdict.â€
The Guangxi Food and Drug Administration said in an interview with the reporter yesterday that on May 5, the State Food and Drug Administration instructed it to go to Guilin Zhonghui Company to listen to the report of the blood glucose test strip "used for ONE TOUCH series blood glucose meter" and believe that blood sugar As a medical device consumable product, the test strip can be used for one or more than two types of blood glucose meters. It belongs to the general use of consumable products and generally has no infringement.
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