As part of its ongoing brand protection and anti-counterfeiting measures, The Supreme People’s Court of the People’s Republic of China has selected a case involving Penfolds be included in its Reference Case Library, cementing its role as an important part of the country’s judicial system.
The library was launched in early 2024 to raise public awareness of key court decisions and support academic research. Very few Chinese court cases since 1995 – 0.003 per cent – have been selected to be included. The library currently has less than 5000 cases.
Treasury Wine Estates global director of Intellectual Property, Anna Olsen, said the company was honoured by the recognition of its brand protection program.
The case is a landmark 2020 infringement decision against the copycat operator Penfunils. The court granted “well known” status to Penfolds Ben Fu Chinese trademark 奔富, which is the highest level of recognition for a common law trademark under China’s system.
The Court ruled that BEN FU had become synonymous with Penfolds wines in China because of over 20 years of continuous and significant use and investment in marketing the brand, rapid and consistent growth in sales and profits, and a comprehensive and vigorous brand protection program.
“We greatly appreciate the unwavering support from the Chinese authorities and industry partners over many years in protecting the rights and reputation of our brands,” Olsen said.
In 2022, TWE had a historic win against Penfolds copycat, Rush Rich, after a six-year battle in China and Australia. Rush Rich’s registration of the character mark for Penfolds Winery – 奔富酒园 – was ruled invalid. TWE was awarded more than $14 million in damages and Rush Rich ordered to stop all infringing activity and issue a public apology. Its appeal is currently underway.
“Strong mechanisms to protect intellectual property rights support a fair, transparent, and supportive business environment for foreign enterprises, and gives consumers confidence in the integrity of luxury brands,” she said.
Penfolds managing director, Tom King, explained Penfolds’ proud history in China dating back to 1893.
“We have a long-term commitment to the Chinese market. Robust legal protections that prevent infringement of our valuable trademarks gives wine lovers the confidence to continue enjoying high-quality wine that Penfolds is known for, and we’re grateful for the ongoing support of Chinese authorities,” King said.
Wine Australia GM Regulation and General Counsel, Ned Hewitson, said protecting the integrity of Australian wine brands in key export markets such as China was critical to maintaining the sector’s global reputation and commercial viability.
“Through Wine Australia’s Export Label Image Search System (ELISS), we help prevent export of copycat products that seek to exploit the reputation of established brands, and support industry efforts to protect IP and maintain consumer trust in Australian wine globally,” Hewitson said.
TWE’s excellence in the IP and anti-counterfeiting sector has been well established. “We have a zero-tolerance approach to infringement, with a comprehensive, innovative global brand protection program to protect its world-renowned wine brands and related intellectual property assets,” Olsen said.
In recognition of its market-leading global intellectual property function, including in-house management model, TWE was named the 2023 Food and Beverage and 2021 Asia Pacific IP team of the year by World Trademark Review.
The case – National Reference Model for Unregistered Well-Known Trademark Protection – is accessible at Home - People's Court Case Database.
