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Chapter 49 Out: "The First Intellectual Property Case" Without Actionability

big defeat II 吴晓波 1876Words 2018-03-18
See-saw negotiations broke down after the Spring Festival in 2002.At this time, the progress of Brilliance's various businesses has forced the two parties to a showdown— Since the "Zhonghua" sedan was rolled off the assembly line two years ago, all preparations for large-scale mass production have been completed, and the production permit will be issued soon; the cooperation between Brilliance and BMW will be reported to the State Council office meeting and will be officially approved; The expropriation of mu of land has been completed, and the project is about to start.All these projects are facing hundreds of millions or even billions of dollars of investment, whether to obey Yang Rong or drive him away is only a matter of thought.

The Liaoning provincial government ultimately chose the latter. On March 11, Yang Rong and the government attacked at the same time.On the same day, Brilliance Group, which is listed on the Shanghai Stock Exchange, announced its name change to Shenhua Holdings.According to the later "Supplementary Announcement", the ultimate actual controller of the company is Qin Ronghua of Taiwan Minfu Enterprise Co., Ltd., and he is undoubtedly a representative of Yangrong's "capital maze".On the same day, the Enterprise Department of the Ministry of Finance issued an official letter to transfer Brilliance and all its derivative companies to the Liaoning Provincial Government at one time, and all debts were also transferred.The receiving working group immediately read the official letter to Yang Rong.

Yang Rong continued to act with an uncompromising attitude. On March 21, Brilliance Auto released the news of a joint venture with Rover in the UK, invested 100 million yuan to buy a construction site in Ningbo, and paid Rover 15 million pounds for technology transfer at one time.A week later, the working group entered Shenyang Brilliance, and began a comprehensive inventory, verification, and acceptance of Brilliance assets.The two sides are tearing apart, and the break is irreparable. In May, Yang Rong flew to Wutai Mountain in Shanxi to hike and pray to Buddha.Then he was admitted to Shanghai Ruijin Hospital.At the end of the month, he quietly went to the United States with a tourist passport and never returned.

On June 18, the board of directors of Brilliance Automobile dismissed Yang Rong from his positions as chairman and president of the company on the grounds that he "improperly made business decisions that were contrary to the business policy of the foundation, and thus failed to take into account the collective interests of the company's shareholders." .The next day, the cooperation project proposal between Brilliance and BMW was approved at the State Council office meeting.And half a month ago, the "Zhonghua" sedan was also listed in the latest vehicle production catalogue, and was officially approved for mass production and launched on the market. On June 25, Yang Rong, who was in the United States, sold all his Brilliance China stocks in the Hong Kong stock market, cashing out 89.68 million yuan.So far, the speculation that Yang Rong is out has been publicly confirmed.

After Yang Rong left, the maze-like "Brilliance Department" was beyond the control of outsiders.Therefore, the most important job of the Liaoning provincial government is to retain the backbone of the team.In the end, Yang Rong's four assistants, known as Brilliance's "Four King Kongs" by the outside world, agreed to stay on.Among them, Su Qiang took over as president and chief executive officer of Brilliance China, Wu Xiaoan took over as chairman of Brilliance China, Hong Xing and He Tao respectively served as vice chairman and chief financial officer of Brilliance China.The government promised that the four persons could obtain option subscription rights ranging from 80 million to 90 million shares at a price of HK$0.95 per share, accounting for 9.446% of Brilliance China's total share capital.When Yang Rong heard the news overseas, he said: "God doesn't know what they are doing, and they don't know either."

The retention of the "Four King Kongs" made Yang Rong's escape alone more like a farce of betrayal. On August 20, the launch ceremony of the "Zhonghua" sedan was grandly held in Beijing. The market price of the first Zhonghua standard sedan on the market was 169,800 yuan. It became the only mid-range domestic sedan that competed with international brands in the Chinese market. .Su Qiang announced that Brilliance will develop into an important domestic auto group in 5-10 years, with a target sales volume of 180,000-200,000 units within 5 years. By 2010, the production and sales of cars will be 780,000 units, and the engine production capacity will be 900,000 units. Taiwan, with a profit of 6.8 billion yuan and a sales revenue of 130 billion yuan, occupying a 10% share of the Chinese auto market.On the warm and festive stage, full of talents, the protagonist who is of medium stature, has a voice like a bell, and always has a shiny back hair. He should have appeared under the spotlight to accept the crowds and congratulations, but at this moment But on the other side of the ocean, I feel sad alone.

The fuse that caused the breakup, the Rover project in Ningbo was terminated as a matter of course.At that time, the demolition of the land had been completed, and the office building had begun to be used. The four prototypes improved by Rover had been basically completed. The new model was being exhibited in Geneva, and the improvement of the engine was also in progress. Hand over the list of all production equipment to the Chinese side.When Su Qiang informed Rover and Ningbo on the grounds that "the project was wrongly established", he couldn't find a suitable explanation for the surprised and astonished eyes.In order to terminate the contract, Brilliance paid more than 200 million yuan in compensation.

There are still a few lingering lingering lingering sounds about the grievances and entanglements in this matter. On October 14, Yang Rong sued the China Financial Education Development Foundation and the Ministry of Finance in the Beijing Higher People's Court through Hong Kong Huabo Finance Company on the grounds of asset misappropriation and administrative infringement. It is the property rights dispute involving the largest amount of money since the founding of New China.Yang Rong is the kind of person who is always setting records.In order to show his "legal selflessness", he even signed a power of attorney, announcing that he would donate all the legally recognized assets of Brilliance to non-profit social groups or charities. Four days later, the People's Procuratorate of Liaoning Province issued a global arrest warrant for suspected economic crimes, formally arresting Yang Rong. In November, the Beijing Higher People's Court ruled that Yang Rong's lawsuit was "not actionable" and temporarily dismissed it.Yang Rong turned to sue Brilliance China Automobile in Bermuda, and sued the Liaoning Provincial Government in the U.S. Federal District Court of Columbia. In the end, they all failed because they were "out of jurisdiction".

So far, the "savior" Yang Rong has completely failed and called a curtain call. On October 23, Wu Xiaoan, the new chairman of Brilliance, told reporters: "Mr. Yang Rong's participation in the management, operation and business of the group is negligible."
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