Treasury Wine Estates (TWE) has received an important recognition from the Supreme People’s Court of the People’s Republic of China, with one of its landmark legal victories has been added to the country’s prestigious Reference Case Library.
The recognition highlights TWE’s ongoing efforts to combat counterfeiting and protect its brand, particularly its flagship Penfolds wine.
The Reference Case Library, established in early 2024, serves to raise public awareness of key judicial decisions and to support academic research. Only a tiny fraction, about 0.003 per cent of cases heard by Chinese courts since 1995 have been included, with the library currently housing fewer than 5000 cases.
The selected case centers on the 2020 court ruling against PENFUNILS, a knock-off brand that imitated Penfolds. In the decision, the court conferred “well-known” status on the Chinese trademark for Penfolds – 奔富 (BEN FU) – granting it the highest level of protection available to a common law trademark under Chinese law.
The court found that BEN FU had become synonymous with Penfolds wines due to over two decades of continuous use, substantial marketing investment, growing sales, and a robust brand protection strategy.
“We’re honoured by this recognition of our brand protection program, and greatly appreciate the unwavering support from the Chinese authorities and industry partners over many years in protecting the rights and reputation of our brands,” said Anna Olsen, TWE’s Global Director of Intellectual Property.
“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.”
The court’s recognition of the PENFUNILS case follows another high-profile win for TWE in 2022 against notorious copycat brand Rush Rich. The ruling, which concluded a six-year legal battle in both China and Australia, declared Rush Rich’s registration of the mark 奔富酒园 (Penfolds Winery) invalid.
TWE was awarded more than $14m in damages. Rush Rich was ordered to cease all infringing activities and issue a public apology. That decision is currently under appeal.
“Penfolds has a proud history in China that dates back to 1893 and we have a long-term commitment to the Chinese market,” said Penfolds Managing Director Tom King. “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.”
Ned Hewitson, General Manager Regulation and General Counsel at Wine Australia, emphasised the broader importance of the decision: “Protecting the integrity of Australian wine brands in key export markets such as China is 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.”
TWE maintains a zero-tolerance stance on intellectual property infringement. Its comprehensive global brand protection program has received international accolades, including being named Food and Beverage IP Team of the Year (2023) and Asia Pacific IP Team of the Year (2021) by World Trademark Review.