"Digital China Networks, I have to go to school, yet I school." November 9, Beijing financing before building, four students pull out the banner.
5 days ago, such a demonstration before the square is also digital technology, operations planners is the Digital DC-NTP course.
As Digital China (China) Co., Ltd. (hereinafter referred to as Digital China) Beijing Shenzhou-rounder prosecution of international educational technology Co., Ltd. (hereinafter referred to as general education) trademark infringement, resulting from the general education enrollment to get the Digital Network Communications Engineer (DC- NTP) authentication can not be normal school students.
Cooperation deadlock
November 11 morning, the reporter called general education company, in a long time no one answered, the students wide access road from the phone, "the staff are gone, and only a few students and teachers also."
As Digital China Network Communications Engineer (DC-NTP) National distributor of general education courses, this season was supposed to be the busiest students, enrollment most fiery stage, now do not even front desk staff can not be found.
It is understood, DC-NTP means "Digital authentication of network traffic engineers", in 2006, by the Digital Group, a wholly-owned subsidiary of Digital China Networks (Beijing) Co., Ltd. (hereinafter referred to as Digital Networks) has developed its courses.
Learning in this course as long as the certification exams through Digital China, after passing score can be awarded to both Digital Network Communications Engineer "DC-NTP" certification, the State Department of Labor and Social Security computer professional qualification level "OSTA" certification Ministry of Information Industry of the vocational qualification training "NEACE" certification authority certificate of the three.
DC-NTP program was to promote since the beginning of the year, many students directed at Digital China's reputation, starting the network communication engineers dream. So far, Agency and the General Education has recruited more than a hundred students, but the first batch of students in the remaining two months of lessons when I can end, the students suddenly unable to continue normal classes and general education staff have also left.
The future of IT industry in the cultivation of the school network communications engineer, what happened?
"In fact, because of litigation has led to general education with Digital China Networks and co-produced agents crack, and then produced a series of events." Road, he said.
In March of this year, general education and Digital Networks training agency cooperation agreements signed, the parties have agreed to become the general education curriculum Digital DC-NTP national distributor, by the general education curriculum for the promotion of related issues, the contract The closing date for April 2009.
Agents, recruitment, teaching ... ... When everything is running smoothly, when on August 14 this year, Digital China, Beijing Haidian District People's Court suddenly to submit a petition requesting confirmation "Digital China and the map" trademark is well-known trademark, requirements general education immediately stop using the "Digital China and the map" logo, Digital compensation for economic loss of 10 million, and assume the cost of litigation cases.
Digital China said that since 2008, Digital China general education have been discovered in the use of "Digital China" trademark and the "Digital China" in the name of recruiting students abroad, the act against the "Digital China" trademark. For the protection of "Digital China" brand exclusive rights, in August 2008, Digital China official to "trademark infringement" lawsuits filed against liberal education.
Then in September, received a liberal education sent the court indictment, Nan Chen, director of general education teaching management as "surprised" at the time of the experience, "We and Digital Networks cooperation more than a year, both sides have Agency Agreement, use all the icons Digital Digital Networks after approval, we do also have their seal of approval signature pieces, all in accordance with the mode of cooperation throughout our operations, did not expect a sudden Digital prosecution. "
This sudden action from the cooperation of both sides to break into the state. Chen Nan said that in the evidence submitted to the court shortly after the Digital China network to terminate cooperation with general education. October 29, Digital Networks also requested the return of their general education network switches and other equipment borrowed.
Thus, relying on the Digital DC-NTP on the survival of the general education curriculum can not be continued enrollment, the staff gradually dissolved, students are not the next phase of teaching materials and the lack of the necessary hardware equipment can not normally complete their studies.
Origin of well-known trademark certification?
On the issue of trademark infringement, general education has been puzzling, they believe the company has been in strict accordance with the Digital China network company to carry out an agency agreement between all the business activities.
Chen Nan said that, general education and also known as Digital Origin, "DC-NTP project was first Digital China Networks Project, and I staff the University Digital Network. But then make arrangements for the project-specific process, and the Divine Digital Networks, found himself without school qualifications, so in March this year, we are bunch of people to be separated out live separately Le liberal Jiaoyu company. can be said that liberal education are dictated by DC-NTP Xiangmu set up, it is totally relying on this project viable. "
Click here to view, why the Digital has its roots in the work in the same building anti-Ge general education? As the action was so sudden, it was questioned whether another hidden reason behind?
Chen Nan revealed that the origin of all because of Digital China want a "famous trademark" certification.
According to Chen Nan introduction, in that the respondent, the General Education to found the Digital ask, Digital Group's legal department said that general education is not to be prosecuted and, if infringement litigation, then the claim would not only 100,000 yuan simple as that. Subsequently, Digital Networks general education requirements with the Group's proceedings, identified through the case well-known trademarks.
Chen Nan said the company's high-level dialogue with all of Digital China has recorded information in support, but has not been presented to reporters.
"Digital China Networks, promised that, if we meet, will re-give us license to continue to cooperate." Chen Nan said, "but we take into account with the lose the case if the company invested several million dollars without the painstaking efforts of the brand is equal to , which for the education industry, would be fatal blow. "
According to Chen Nan, and if liberal education with Digital China, lose the case will lose its brand; if not match, the two sides of the partnership will make a clean break, general education suddenly caught in a dilemma.
If you do the same argument, the question arises: Why Famous Trademarks through litigation?
Associate Professor Chen Liping of China University of Political Science, said, the finding of a well-known trademarks are two ways: one is determined by the Trademark Office, not for acts, if the proposed enterprise itself, very difficult; another one is through tort litigation, in order to achieve finds that the "Trademark" The purpose of this increasingly common phenomenon that some companies consider its trademark had been "known", many have passed tort action to the court ruling as a "famous trademark", it should promote its own, has crowded out competitors, the purpose of reaching kill three birds.
Customs Law Office in Beijing lawyer Li Qingshan that, while well-known trademarks identified by lawsuits say there is no problem from a legal perspective, but the proceedings tend to play a good demonstration effect. Enterprises to achieve commercial litigation, it may take some moral hazard, and will be a waste of judicial resources, and even businesses may use the discretion of the judge, the breeding of corruption in the judiciary.
Chen Nan said: "Digital China is the first indictment, the court finds that the request 'Digital China and plans' for the well-known trademark, this claim can see their real motives."
However, Digital China sued for Trademark Identification is the purpose of hard to say, Digital Communications Manager Zhao thunderous statement: "I did not know this information, but we have evidence that the other party's rights are being violated, then the filed a trademark infringement lawsuit, with or without any other context, we must maintain our normal legal rights. "
Who pays the bill students
Regardless of side right or wrong, more than 100 students have not normal school, in both parties blame each other trademark infringement cases, while, who the school's students pay the bill for these?
Week depth and Way Canton students from Beijing, they DC-NTP8 tuition fees for more than a month nearly 15,000 yuan, the current studies on hold, the remaining hours and fees go from here, everything is unknown.
More students from overseas, a Northeastern student, said: "I just learned a half a month, tuition fees have been paid in full, now closed, there is no way back home, how can I do?"
This confused sentiment spread quickly among students, while the rest only a few general education teachers still insist on teaching, but they said "the hearts of students" had not in the classroom.
Digital distributed newspaper in the "Statement", said waiting for the process of trying cases, the network took place post mentioned in the "student" protests. In fact, it is general education directly recruit these "students" to "student" fees collected. Therefore, the dispute should be between general education students and their disputes, and Digital China and its affiliated Internet companies have no direct legal relationship.
"Whether students are in class or through self-study courses, as long as certified by the Digital Certificate examination can be awarded." Thunder Zhao explains, "anyone can!"
"And Digital did not require general education students to stop teaching. Regardless of whether to continue our cooperation, general education students as tuition fees collected should be given to classes, this is it with the contents of the agreement between students, students who received tuition, not to the students during the class, students can go to advertising, students should have this right. "
And general education students did sign a "learning agreement", but according to journalists understand that some students even "learning agreement" did not sign.
Chen Nan explained: "Now the network company to cancel cooperation with Digital China, we can not do complete obligations to students, because there they do not provide the course materials, and cooperation between the two sides, let alone the students in the course materials and examination fees certification fees must be handed directly to them, so can not say that Digital China Networks has no responsibility. "
Digital Technology Plaza, in the next week deep in the cold shrink the shrink neck, while hiding from the staff through the eyes of Digital China, one side said: "do not know when to known everything about genome of this day!"
(Man students are not his real name)
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