从达娃商标争夺案透视中外合资经营商标权保护的法律风险

Legal risk of trademark protection in joint venture:a discussion based on the trademark ownership competition between Danone and Wahaha Group

达娃商标争夺案凸显了中外合资经营过程中面临的各种商标权保护风险,包括持股弱势地位引起的商标权丧失和商标权利的转让与许可问题、合资方竞争关系导致的商标弱化以及应对商标争议解决所出现的法律风险等。中国企业应提高商标权保护意识,选择合适的商标权法律保护途径,政府也应扶持企业加强自主商标保护。

The trademark ownership dispute between Danone and Wahaha Group highlights the existing various legal risks of trademark protection for Chinese enterprises in joint venture, which arise from their vulnerable position, transfer of trademark right, competition against the counterpart partners and the settlement of trademark disputes as well. Chinese enterprises should raise their awareness of trademark protection and select the appropriate legal means to protect the trademark right. Meanwhile, the government should also render support to the Chinese side in sino-enterprises to strengthen their trademark protection.