"Eight treasure pills" challenge "Pianzihuang"

There is a commercial lawsuit with babaodan, which is called "Maotai in medicine" Zhangzhou pianzehuang Pharmaceutical Co., Ltd announced on January 18 that Xiamen traditional Chinese medicine factory, the holding subsidiary of Shanghai Pharmaceutical Group, infringed on pianzehuang in the publicity of its product "babaodan" Pianzehuang filed an unfair competition lawsuit on this issue, which was officially filed by Zhangzhou intermediate people's Court on January 17 After years of peaceful coexistence with babaodan, pianzehuang has suddenly started a commercial litigation war without any omen, or is related to the strategic change of Shanghai Pharmaceutical Group (hereinafter referred to as "Shangyao") Since the second half of 2013, Shangyao has taken babaodan as one of the most important potential products and increased its marketing investment Zuo min, President of Shangyao, said that in the next three years, babaodan's annual market growth rate will not be less than 50% The infringement mentioned in the lawsuit mainly refers to babaodan's claim that it shares the same origin with pianzahuang in product publicity If the market is convinced, babaodan with lower price will undoubtedly become a powerful market competitor of pianzahuang According to the data of 2013 half year report, babaodan's sales volume is only one tenth of that of pianzehuang In 2012, babaodan had a sales volume of more than 70 million yuan, while the sales volume of pianzehuang was about 700-800 million yuan From the market share or brand awareness, babaodan is no match for Pianzihuang According to the argument from the same source, Xiamen traditional Chinese medicine factory should take legal responsibility for unfair competition in newspaper and drug publicity by using advertisements, fictitious facts, unfair comparison, slander and squeeze the drugs and making misleading false publicity Xiamen traditional Chinese medicine factory is required to immediately stop the misleading false propaganda of its product "babaodan" in mainland China, Hong Kong, Indonesia and other countries and regions; immediately stop the false propaganda such as the improper comparison between "Pianzihuang" and "babaodan", publish a statement in the national mainstream media, Hong Kong, Indonesia and other local media, make a public apology, and propose compensation for the original 30 million yuan and 600000 yuan for the plaintiff's rights protection In his opinion, babaodan is "fictitious facts and false propaganda", aiming at what babaodan called "the same origin as pianzahuang" in product publicity When Shangyao introduced babaodan products to the media in September last year, it mainly focused on the historical concept of homology with pianzahuang Shangyao said that it can be found in the historical materials with official background that in the Jiajing period of the Ming Dynasty, a royal doctor escaped from the imperial palace with the secret recipe of the court, and lived in seclusion in Fushan rock temple of Zhangzhou, Fujian Province as a monk The "eight treasure pill" was made of eight precious traditional Chinese medicines with the secret recipe of the court Because Minnan people call all kinds of inflammation "Huang", and slice "babaodan" to use, one piece can stop the "Huang", so the common people named the drug "Pianzihuang" Over time, babaodan was called "babaodan Pianzihuang" Since then, "babaodan Pianzihuang" has gradually flourished in Zhangzhou market, among which Xinyuan tea house and Gaofeng pharmacy are old brands "Senmao" is the trademark of Xinyuan tea house, which indicates that it is the true story of pushanyan temple The "Wangmao" is the trademark of Gaofeng pharmacy, which means that the medicine originated from the royal secret recipe In 1958, Gaofeng pharmacy, together with ganhuitang, Yitieling and other traditional Chinese medicine stores, formed Xiamen Yuejin pharmaceutical factory One of the main products is pianzehuang Xiamen Yuejin pharmaceutical factory uses "Gaofeng portrait" as its registered trademark for pianzehuang products After that, Xiamen Yuejin Pharmaceutical Co., Ltd was established as Xiamen traditional Chinese medicine factory after two times of merger, and babaodan pianzehuang became the fist product of Xiamen traditional Chinese medicine export to earn foreign exchange Xinyuan tea house has been developing in Zhangzhou In 1956, with 8 private pharmacies such as tongshantang, it formed Zhangzhou pharmaceutical factory to produce Zhangzhou pianzehuang At present, the inner packaging box of babaodan products is still marked with "trademark of babaodan pianzhangwang hat at the end of Qing Dynasty" and "trademark of babaodan pianzhangfeng pharmacy in 1958" For the aspect of medicine application, Zhang Zhou Pianzihuang Dong Mi Lin shaobi denied it, and said that Pianzihuang and babaodan are different products, and there is no same origin As the formula of Pianzihuang is a national top secret level and first-class protected variety, at present, only four kinds of formulas are disclosed, including natural musk, bezoar, snake gall and Tianqi, while babaodan is a national secret and second-class protected variety, and the product formula is disclosed, including eight kinds of bezoar, snake gall, antelope horn, pearl, Sanqi and musk Therefore, whether they belong to the same origin is open The information level is inconclusive A traditional Chinese medicine expert from China Pharmaceutical University pointed out that the two products are similar in composition, belong to the same drug category in drug classification, and have similar efficacy, so they can form a competitive relationship in composition and efficacy However, in the market competition, Wang Min, an analyst of traditional Chinese medicine of Zhuo Chuang information group, believes that in terms of market share and price positioning, the market share of Pian Zihuang is far higher than that of babaodan, and the price is more than 30 times of babaodan Therefore, no matter from market share or positioning, there is no competition between the two at present Public data shows that in 2012, babaodan's sales volume was only more than 70 million yuan, while the sales volume of Pianzihuang was about 700 million to 800 million yuan, with a very different market position However, since 2013, Shanghai Pharmaceutical has launched a large variety strategy of "one product, one policy" in product strategy, that is, to select some key products with great potential and build them into the most important products, and the first product after the strategy is babaodan According to Shangyao's customized plan for babaodan, the annual market growth rate will not be less than 50% in the next three years In terms of market strategy, Shangyao not only increased the marketing of babaodan, but also planned to apply for the change of prescription drug identity of some dosage forms of babaodan into "double span" identity, that is, both prescription drugs and OTC (over-the-counter drugs) It is reported that babaodan is mainly divided into two categories: Capsule in hospital channel and tablet in OTC channel The price of the latter is higher than that of the former According to a pharmaceutical industry analyst, the main reason for the lawsuits between Pianzihuang and babaodan is that Shangyao increased the marketing of babaodan and directly challenged Pianzihuang The analyst pointed out that babaodan's biggest advantage is pricing In terms of the current retail price, from January 1 this year, the export price of pianzehuang has been increased by an average of $3 per capsule The price of a 0.3g capsule of pianzehuang is 495 yuan, which is positioned as a high-end consumer, while the price of 12 capsules of babaodan is 165 yuan Lin shaobi said frankly that if the price of raw materials continues to rise, it will be a general trend Zuo Min said there was no price increase plan in the future In this way, the low price strategy of babaodan is likely to break the pace of price increase However, Pian has always attached great importance to the protection of her own brand Before that, the company sued another Fujian daily chemical company, saying that without the permission of the company, it would use the trademark of "pianzehuang" prominently in the position of packaging and decoration in its production and sales products, and publicize the product ingredients of the defendant with "hanpianzehuang extract".