Institute for Internet Policy & Law @ Beijing Normal University

Lead defendant Wang Xun is accused of illegally purchasing the Tamiflu formula for 150,000 yuan (about US$20,000‚¬15,000) and then joining with others to manufacture and sell a pirated version of the drug. Wang and the others are now being tried at Shanghai’s No. 2 Intermediate Court.

http://news.findlaw.com/ap/o/51/02-09-2007/bdc0000ca9788fad.html

It’s more a strategy to diminish the potential competitor than a normal business takeover. Dannon is suspected by Chinese business for intentionally eradicating the Chinese brands after its dismissal of 40% of the workers who used to work for Lebaishi, a falling well-known mark since its merge with Dannon.

It’s noted in other merge cases, such as Little Nurse, Supor, etc, that the Chinese brands are either frozen or vanished from the market once controlled by the international corporate giants.

http://finance.sina.com.cn/chanjing/b/20070105/08053219104.shtml;
http://finance.sina.com.cn/roll/20070406/21581318608.shtml;

Another story is going on. Dannon is now attempting to purchase the whole Wahaha group to prevent those Wahaha enterprises that are using the trademark but outside non-joint venture from using the trademark. After Dannon filed complaint against the Chinese CEO of Wahaha at Stockholm Arbitration Institute and sued the CEO’s daughter at California Court, the CEO resigned and blamed Dannon for oppressing and insulting him.

http://finance.sina.com.cn/chanjing/b/20070607/19313671346.shtml;
http://finance.sina.com.cn/review/zlhd/20070608/08053673049.shtml

Other actions may be waiting for Dannon. For instance, a shareholder of another leading milk producer “Bright” is going to sue Dannon for violation of security regulations by purchasing competing companies and damaging the interests of shareholders.

The dispute now looks like a soap opera. Wahaha has filed a complaint against Dannon at Hangzhou Arbitration Commission for termination of the trademark assignment agreement with Dannon. The complaint has been accepted. This is the third legal action around this dispute, apart from Dannon’s complaint at Stockholm and at US.

http://finance.sina.com.cn/chanjing/b/20070618/03041480354.shtml

Another similar case is Johnson’s purchase of Dabao.
http://finance.sina.com.cn/chanjing/b/20070407/02423480995.shtml

As a Chinese saying reveals, an intelligent will listen from both sides. Please see the comments from overseas.
http://www.chinalawblog.com/chinalawblog/2007/06/new_york_times_.html

The soap opera is going on. Wahaha announced that the someone misappropriate the name of the Joint Venture with Dannon to sue the State Trademark Office for not transferring the trademark. A Beijing court has accepted the complaint made in the name of the joint venture.
http://stock.hexun.com/column/detail.aspx?id=2475119

The name of the NBA star, Yao Ming, has been registered as a domain name in Beijing. The domain name holder, who declares herself as a fan of Yao, agrees to transfer the domain name back to Yao at the token of a hug and an autograph. China has risen a new business based on ”registering-and-selling” domain names. These businessmen who choose to invest on generic names or celebrity names call themselves “corn worms”. Domain names, in its Chinese translation, sound like “corn”. People who are solely relying on the “corn” must be “corn worms”.

http://news.findlaw.com/ap/o/51/01-05-2007/f6600005a02a34f7.html

Chongqing High Court finally dismissed an artist’s claim that another artist copied his creation manner in a paint titled “Chongqing Bombarded”. Idea/expression dichotomy is held in the ruling.

http://www.cnradio.com.cn/news/200701/t20070102_504366795.html

The National People’s Congress has ratified the WIPO Copyright Treaty on December 29, 2006. After the ratification is submitted to the WIPO, China will soon be the 53rd Member State of the Treaty. On the same date, the NPC ratified the WIPO Performers and Phonograms Treaty. The WCT and WPPT are jointly called the two Internet Treaties.

The NPC Standing Committee also makes statements that these two WIPO treaties will not apply to Hong Kong SAR government and Macao SAR government before the central government makes further decisions.

http://www.ipr.gov.cn/ipr/en/info/Article.jsp?a_no=43227&col_no=934&dir=200612