Pay the most attention to the power of law Sany us

  • Detail

Pay attention to the power of law Sany casts the brand myth with the spirit of contract

pay attention to the power of law Sany casts the brand myth with the spirit of contract

China Construction machinery information

this is a story telling enterprise: on the one hand, as the leader of China's construction machinery industry, she has constantly invaded cities and territories at home and abroad, opened up a large number of new markets, and created many industry myths; On the one hand, she actively adapted to the local legal rules, made good use of legal weapons, and successively won victory in a series of major legal activities

"whether at home or abroad, Sany emphasizes the spirit of contract, reveres the law, respects justice, and attaches importance to the power of the law." Recently, the author walked into Sany group and heard a wonderful legal story here in this huge construction machinery empire

On the afternoon of April 20, 2015, the president of Sany Heavy Industry announced to Wenbo that Sany Heavy Industry would win another judicial defense in the United States! The latest results of the 337 investigation and review in the United States have been obtained. ITC (United States International Trade Commission) ruled that the two allegations of Sany Heavy Industry crawler crane's infringement of the company's No. 928 patent and No. 158 patent are not tenable

in 2010, Sany group entered the field of wind power in the United States and registered and established Rawls company in the United States. In 2012, the company acquired inorganic flame-retardant materials, which are non-toxic, non corrosive and cheap, and built four wind farm projects in Oregon, USA. In July 2012, the project was directly banned by the U.S. Overseas Investment Commission on the grounds of "threatening the national security of the United States". On September 28, 2012, U.S. President Barack Obama issued a presidential decree requiring Rawls to withdraw all property and devices from the above-mentioned site within 14 days and withdraw all investment from the wind power project within 90 days on the grounds of suspected threat to U.S. national security, and stipulated that only Americans could enter the site to complete the above work

"this intervention in foreign investment by the United States directly violates the principles of the WTO, is a manifestation of the trade protectionism it has pursued under the pressure of the financial crisis in recent years, and also directly violates the provisions and legal procedures of the U.S. Constitution to protect property ownership." On October 1, 2012, Rawls filed a petition with the Federal District Court of the District of Columbia, requesting the court to order the Cfius ruling to be ultra vires and in violation of procedural law; The president's order exceeded his authority and gave Rawls the due procedural justice and equal protection

it is the first time in the international legal community that the president of the United States has been brought to court. At that time, although this move attracted widespread social attention, this groundbreaking lawsuit itself was extremely difficult, because Sany needed to find a legal basis in favor of itself from the vast number of American laws, and it faced the most powerful national power in the world

on July 16, 2014, the U.S. Federal Circuit Court of Appeals for the District of Columbia held that when the Obama Administration banned Chinese companies from investing in wind farm projects in the United States on the grounds of threatening national security, it violated their legitimate rights and interests and deprived them of their due process rights conferred by the law. This means that Sany group has become the first Chinese funded enterprise to win the US president

"whether at home or abroad, Sany emphasizes the spirit of contract. It can be said that this victory is the result of our awe and respect for justice, and also the result of our facing up to the spirit of contract." Afterwards, Xiang Wenbo, President of Sany Heavy Industry, said so

the purpose of suing Obama in the United States is to "seek fairness and justice and clear away unjust grievances". In this regard, the words of Liang Wengen, chairman of Sany group, are more straightforward

successfully defending the rights of Mercedes Benz

"in the process of the development and growth of Sany, there are some legal risks and challenges. As legal staff, our main task is to make accurate and comprehensive analysis and judgment in advance, inform the economic and legal risks, and remind the existence of the 'legal ceiling'." Cao Lixia, legal director of Sany Group Co., Ltd., said that at different stages, Sany faces different legal risks and challenges: whether it is normal to operate at various speeds. Before, it was more labor and personnel disputes and debt disputes, and now it is more non litigation businesses such as intellectual property infringement, investment environment protection and mergers and acquisitions

in 2006, when Sany applied for the registration of the company's graphic trademark and the word "Sany" trademark in the UK, Daimler Benz company pushed Sany to the defendant's seat of the high court in London, UK, on the ground that Sany trademark infringed its registered trademark right. Sany actively responded to the accused incident and began a three-year difficult road of safeguarding rights

in the face of detailed evidence, on October 23, 2009, the high court of London, England ruled that the lawsuit of Daimler Benz concerning the infringement of Sany trademark on its Trident star trademark was rejected. Since then, the trademark war between Sany and Mercedes Benz has won a substantial victory. This case is also known as "the first international case of China's intellectual property rights". Some commentators and analysts believe that this international case is a model in the field of Sany and even China's trademark rights protection

take the initiative to fight against infringement

in China, Sany has also fought against the infringement of Sany's trademark right in accordance with the law

in July 2010, Sany marketing personnel found that an enterprise called "MAANSHAN Sany Heavy Industry Machinery Manufacturing Co., Ltd." was operating publicly, but it was not a subsidiary of Sany. The Sany legal department immediately launched an investigation after receiving the report from the marketing personnel. The survey shows that Ma'anshan Sany company has nothing to do with Sany, but it sells and promotes its machine tools and other mechanical products nationwide in the name of "Sany" and "Sany Heavy Industry". Its Internet stations, company plants and promotional materials are very similar to Sany, and there are serious violations of rights

after collecting a large amount of evidence, Sany sued him to Changsha intermediate people's court. In the face of sufficient evidence, the Changsha intermediate people's Court of first instance decided that the "Sany" Chinese character trademark was a well-known trademark in China, and ordered MAANSHAN Sany company to stop all infringement acts and compensate Sany for its economic losses of 400000 yuan. After the judgment of the first instance, Ma'anshan Sany company refused to accept it and appealed to the Hunan Higher People's court. However, in the face of detailed evidence, the court of second instance rejected the appeal and upheld the original judgment

in July 2012, Sany found that an enterprise named "China Sany Heavy Industry (Hong Kong) Co., Ltd." had been registered in the Hong Kong registry. According to Hong Kong law, if the company is registered in Hong Kong for one year, and no enterprise objects to them, it can sell their products in Hong Kong and the mainland. At that time, Sany can only use Hong Kong judicial procedures and hire Hong Kong lawyers to litigate, and it will face huge costs and high risk of losing the lawsuit. As time was running out, the Ministry of justice immediately collected a large amount of evidence and sent a complaint email to the Hong Kong company registry. After receiving the complaint from Sany, the Hong Kong Companies Registry also attached great importance to it and sent special lawyers to conduct evaluation and investigation

on December 17 of that year, the Hong Kong company registry sent a letter to Sany, confirming that the other party's enterprise name was "too similar" to Sany, and limiting the other party to change its name within 6 weeks. This rights protection case not only protected the market environment of Sany in Hong Kong and the mainland, but also left a protected record of Sany's intellectual property rights in Hong Kong for the first time, which is of great significance

"in the process of expanding its layout at home and abroad, facing different legal environments and legal backgrounds, Sany has always actively responded to various challenges and insisted on using legal weapons to safeguard its own legitimate rights and interests." Cao Lixia said that in the process of market-oriented internationalization of Sany, in many important core businesses such as joint ventures, bidding and international sales, legal affairs reduced and controlled risks for the development and growth of enterprise brands and released the productivity dividends contained in the rule of law through a series of activities such as risk assessment in advance, formulating standard processes, and participating in the whole process

Copyright © 2011 JIN SHI