China Food

There is a new plot in the Sino Thai Red Bull battle! Chinese Red Bull lawyer refutes Thai Tencel’s illegal breach of contract

This is the latest response from China.

Before we get to know the new exhibition, let’s have a brief introduction. “Recently, the people’s court has ruled that Red Bull has the exclusive right to produce and sell red bull beverages in China for 50 years,” a statement on Red Bull’s official website said on Monday

Subsequently, the Thai Tiansi group responded that the statement was untrue and pointed out that Yan Bin “once misled an intermediate people’s Court of Shandong Province to make a wrong behavior preservation ruling on October 29, 2020 by fabricating facts and deliberately cheating.”. On November 13, 2020, the above-mentioned court has made a final decision to terminate the preservation ruling.

After issuing a statement on the authorization of longniu and other lawyers in China, the court issued a detailed statement on why the lawyers from China and Tianmai released a statement on why they were authorized.

First of all, the reason for the two sides to go to court this time is that China Red Bull thinks that the acts of Thai Tencel selling anagee in China are illegal and breach of contract.

According to the agreement and joint venture contract signed by Thailand Tencel, China Red Bull and its shareholders, the lawyer’s statement states that Thai Tencel shall not produce and sell Red Bull drinks and similar beverage products in China before November 10, 2045. “Based on its own rights and the fact of Tencel’s breach of contract, China Red Bull filed a lawsuit with Zaozhuang intermediate people’s Court (Note: an intermediate people’s Court of Shandong Province as mentioned by Tianshi) on October 12, 2020, and filed an action preservation application on 29 October.”.

Tiansi’s illegal breach of contract listed by China Red Bull

According to the statement, Zaozhuang intermediate people’s court ruled that Tencel immediately stopped and should not continue to produce and sell (including self-produced, sold or licensed other third-party production and sales) of “Red Bull + anagee”, “Red Bull + vitamin flavor beverage” and / or other Red Bull beverage products “in China.

“Accordingly, the court affirmed the legal right of China Red Bull to produce and sell Red Bull beverage products exclusively based on the agreement, and determined that Thai Tencel should not produce and sell Red Bull beverage products in China.” China Red Bull’s lawyer statement pointed out that according to the ruling of Zaozhuang intermediate people’s court, China Red Bull asked the market supervision departments of Guangdong, Yunnan, Xinjiang and other provinces for assistance in the implementation of the ruling, and ordered businesses within the jurisdiction to immediately take off the shelves of “Red Bull” vitamin flavor beverage “and” Red Bull “annagi beverage”.

Then, why did the court lift the Tiansi ban? One of the reasons for this, said the lawyer’s statement, is that the state of “emergency” has been eliminated.

“After red bull of China required all parts of the country to assist in the enforcement of the ruling according to law, Zaozhuang intermediate people’s court made a civil ruling on November 13, 2020, confirming that” Red Bull Vitamin Beverage Co., Ltd. has applied to the market supervision departments of Guangdong, Yunnan, Xinjiang and other provinces to assist in the enforcement of the ruling, and ordered the merchants within the jurisdiction to immediately remove the products involved in the case. In view of this, the state of “emergency” on which the civil ruling of action preservation is based has been eliminated, and it is no longer urgent and necessary to continue to take protective measures against the applicant’s production and sales. The statement said.

China Red Bull believes that the court’s lifting of the ban does not mean that it overturns the previous ruling on the products involved in the Tiansi case and the determination of the rights of China Red Bull.

The statement said that Zaozhuang intermediate court did not adopt the so-called seven opinions put forward by Thailand’s tence in the reconsideration, and did not recognize its claim to query the authenticity of the agreement.

“Accordingly, the ruling on November 13 of Zaozhuang intermediate people’s court did not negate the ruling of October 29, nor did it change its recognition of China Red Bull’s 50 year exclusive production and sales right under the agreement. China Red Bull’s statement of November 16 is completely legal and based on facts. ” The statement said.

In addition to denying that the statement referred to by Tencel was untrue, in a lawyer’s statement released today, China Red Bull also criticized Tencel for “malicious slander and personal attack on Mr. Yan Bin for no reason”.

In a recent statement, Tianshi pointed out that Yan Bin “once misled a certain intermediate people’s Court of Shandong Province to make a wrong decision on behavior preservation on October 29, 2020 by fabricating facts and intentionally deceiving Try to mislead the local market supervision and management departments to enforce the law wrongly. “.

In this regard, China Red Bull lawyer statement denied and said that in the case of Zaozhuang intermediate court, Yan Bin was not a party, agent or witness, even did not attend the court hearing, nor participated in any litigation activities, there is no possibility of providing any false facts to Zaozhuang intermediate court and intentionally cheating Zaozhuang middle court.

As for Tencel’s claim that it misleads the regulatory authorities to enforce the law wrongly, the above statement indicates that Yan Bin himself has never participated in any action to assist in the enforcement of the court’s ruling, “let alone” premeditation “,” malicious complaints “and” misleading “government agencies.”.

Red Bull of China said it would take action on behalf of Yan Bin and China Red Bull to Thai Tencel and related people for infringement of reputation right and investigate its legal responsibility according to law.

“At the same time, China Red Bull will continue to safeguard its legitimate rights and interests in the Supreme People’s court and local courts, and investigate the legal responsibility of Thailand Tencel for illegally producing and selling illegal Red Bull beverage products in China according to law.” The lawyer said in a statement.

As of 21:00 p.m. on November 20, the topic of Red Bull successfully ranked the third among hot topics on Sina Weibo. However, compared with the amount of discussion and reading of other topics, it seems to be somewhat “weird”.


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