The regulatory authorities shouted that propaganda should not be exaggerated

Source: on June 4, 2014, Zhangzhou Pianzihuang Pharmaceutical Co., Ltd sued Xiamen traditional Chinese Medicine Factory Co., Ltd., a subsidiary of Shanghai pharmaceutical, for trademark infringement and unfair competition The fight between the two companies attracted the attention of Fujian food and drug administration Yesterday evening, pianzehuang announced that it had received the opinions of Fujian food and Drug Administration on Relevant Issues of pianzehuang of Zhangzhou pianzehuang Pharmaceutical Co., Ltd (hereinafter referred to as "opinions") In the opinion, Fujian food and Drug Administration said that it is hoped that the two drug manufacturers, in accordance with the relevant regulations, shall not touch the trademark of the other party through various media publicity, use, concealment or traceability, and shall not exaggerate the publicity beyond the scope of approved functions Does this mean that Fujian food and drug administration has a "strangle" attitude towards Pianzihuang and Shanghai medicine? Yesterday, a reporter from Securities Daily called both companies, but no response was received Market attention has been paid to the blocking of Pianzihuang, Shangyao and Shanghai medicine Pian announced in January this year that the company filed a civil lawsuit with Zhangzhou intermediate people's court through Fujian Zanhua law firm as its agent ad litem, suing Xiamen traditional Chinese Medicine Factory Co., Ltd., Xiamen Evening News Media Development Co., Ltd and Xiamen Daily At that time, Mr pianzehuang said that the defendant Xiamen traditional Chinese medicine factory infringed on Mr pianzehuang's rights and interests in the newspaper and in its own drug publicity, using advertisements, fictitious facts, unfair comparison, slander and squeeze Mr pianzehuang's drugs, making misleading false publicity and other acts constituted unfair competition and violated the legitimate rights and interests of the company's registered trademark According to relevant regulations, it should bear legal responsibility Pianzehuang asked Xiamen traditional Chinese Medicine Co., Ltd to immediately stop its product "babaodan" from making misleading false propaganda in China, Indonesia and other countries and regions; immediately stop making false propaganda such as improper comparison between "pianzehuang" and "babaodan"; publish "statement" in relevant media, make public apology and eliminate the impact In addition, pianzehuang also asked Xiamen traditional Chinese medicine factory to immediately destroy the articles using the false publicity and the related product packaging and decoration, compensate the company 30 million yuan, and pay the plaintiff 600000 yuan for rights protection For this matter, Shanghai Pharmaceutical and its subsidiary Xiamen traditional Chinese medicine factory denied the above complaint and insisted that the company's product "babaodan" and "pianzehuang" are of the same origin It is understood that in 2013, the sales of babaodan products under Shanghai Pharmaceutical exceeded 80 million yuan, and the company still plans to expand the market of babaodan in the future The regulator called the matter to the attention of local regulators Yesterday evening, pianzehuang issued a notice saying that he had received the opinions of Fujian food and Drug Administration on Relevant Issues of pianzehuang of Zhangzhou pianzehuang Pharmaceutical Co., Ltd (msjzh [2014] No 208) In the opinions, he pointed out that:“ Both Zhangzhou pianzehuang Pharmaceutical Co., Ltd and Xiamen traditional Chinese Medicine Factory Co., Ltd are well-known Chinese medicine manufacturers in China The "pianzehuang" produced by Zhangzhou pianzehuang Pharmaceutical Co., Ltd and the "babaodan" produced by Xiamen traditional Chinese Medicine Factory Co., Ltd are officially approved by the national drug regulatory department, and their generic names are respectively "pianzehuang"“ And "babaodan" In view of the fact that the former State Drug Administration and the industrial and commercial department have made clear their generic names, functions and their respective intellectual property rights, it is hoped that the two drug manufacturers, in accordance with the current laws and regulations on drug administration and the relevant provisions of the Trademark Law of the people's Republic of China, shall not publicize the use, concealment or traceability through various media during the marketing process Research and other forms touch each other's trademark, not to go beyond the scope of the approved function of the main rule to exaggerate publicity It is hoped that the two enterprises will respect their intellectual property rights, get along well with each other, compete harmoniously, protect their brands and jointly promote the healthy development of the pharmaceutical industry in Fujian Province in line with the principles of objectivity and good faith " However, it is worth noting that whether the opinions given by Fujian food and Drug Administration will affect the final results is unknown This newspaper will continue to pay attention to this matter