Shijiazhuang, Shanghai, Xuzhou and other cities and commerce departments investigated the trademark infringement of Apple iPad products, of which the iPad has been requested to be removed from Shijiazhuang. Trademark disputes have not yet emerged, and is there any business entry? Will iPad 3 China's listing process be blocked?
According to the economic news report, Apple and Proview Technology (Shenzhen) Co., Ltd. competed for the "iPad" trademark, and Apple appealed after losing the first trial. Although the second trial has not yet been held, the game between the two sides has been upgraded again. After receiving a report from Shenzhen Proview, the industrial and commercial departments across the country were involved in the investigation of trademark infringement. The industrial and commercial departments in Shijiazhuang, Hebei Province, launched an investigation into the infringing products and demanded that the merchants leave the iPad. Trademark disputes have not yet emerged, and is there any business entry? iPad3 mainland listing process will be blocked?
From February 12, the industry and commerce departments involved in the investigation of iPad trademark infringement news from multiple regions. Among them, many apple authorized dealers in Shijiazhuang, Hebei, have already left iPad2, and the Industrial and Commercial Bureau of Xinhua District, Shijiazhuang also seized part of the infringing iPad2. The second instance did not hold court hearings, and the ownership of the trademark did not come out. Therefore, there are comments that questioned whether the commercial and industrial intervention has no way out?
In this regard, Shijiazhuang Industry and Commerce Bureau only said that the investigation continues and no comment is made. Mr. Ma Dongxiao, an attorney with Shenzhen Proview, responded.
Ma Dongxiao: As a right holder, we do not need to wait until Shenzhen’s ownership disputes are resolved to start complaints. Second, the Industrial and Commercial Bureau is not a punishment. This is a survey. No commercial and industrial bureau has ever imposed a punishment. After the decision was made, I think it has been very careful. If someone even thinks that the ownership lawsuit has not been completed, you cannot investigate it. This is obviously not understood by the law.
In fact, as of now, Shenzhen Proview has reported complaints against Apple iPad trademark to nearly 20 industrial and commercial departments in nine provinces and municipalities. Proview has also intended to apply to the customs to prohibit the import and export of Apple iPad products. However, at present, only some cities and towns in Shijiazhuang, Xuzhou and other cities and towns require the iPad to be removed.
Yao Huanqing, an expert on intellectual property at Renmin University of China, believes that under the existing conditions, the trademark rights of Shenzhen Proview can be confirmed, and it is more likely to be supported by the business sector.
Yao Huanqing: Because the Apple iPad itself has trademark rights in other places, there is such a problem in the Chinese market. Even if we think that the rights of Proview are justified, the industrial and commercial departments at all levels handle such a thing. It will certainly be very careful. However, it is very prudent and does not affect the existing conditions, Shenzhen Proview's rights can be confirmed.
According to the analysis, with the involvement of local businesses, the bargaining power between Shenzhen Proview and Apple will increase. Although Shenzhen Proview did not disclose the expected value of the claim amount, the media reported that the data ranged from 50 million to 10 billion yuan, and Xie Xianghui, another lawyer of Shenzhen Weiguan, said that the longer the delay, the more the claim.
Xie Xianghui: What we think is that for Apple's claim, we are all based on a reasonable and reasonable basis. Of course, we have to take into account the gains Apple infringed him. The longer the time, the longer the amount of compensation will surely be. The bigger.
It has been reported that Apple will release its new iPad 3 in March. Will the process of listing on the iPad 3 be hindered by trademark disputes?
Xie Xianghui’s response revealed that Shenzhen Proview’s attitude towards preventing trademark infringement was very firm.
Xie Xianghui: We think whether he calls iPad or iPad 2 or iPad 3, his iPad trademark actually infringes on Proview's trademark rights. It must be investigated. As long as he sells iPad and there are infringing trademarks, we He will continue to safeguard his rights and demand that the industrial and commercial department ask the court to prohibit him from selling.
This trademark dispute is based on the settlement of the two sides or the change of the name of the Apple iPad. The core issue lies in Proview's asking price and Apple's assessment of the iPad's cost of renamed on the mainland.
According to the economic news report, Apple and Proview Technology (Shenzhen) Co., Ltd. competed for the "iPad" trademark, and Apple appealed after losing the first trial. Although the second trial has not yet been held, the game between the two sides has been upgraded again. After receiving a report from Shenzhen Proview, the industrial and commercial departments across the country were involved in the investigation of trademark infringement. The industrial and commercial departments in Shijiazhuang, Hebei Province, launched an investigation into the infringing products and demanded that the merchants leave the iPad. Trademark disputes have not yet emerged, and is there any business entry? iPad3 mainland listing process will be blocked?
From February 12, the industry and commerce departments involved in the investigation of iPad trademark infringement news from multiple regions. Among them, many apple authorized dealers in Shijiazhuang, Hebei, have already left iPad2, and the Industrial and Commercial Bureau of Xinhua District, Shijiazhuang also seized part of the infringing iPad2. The second instance did not hold court hearings, and the ownership of the trademark did not come out. Therefore, there are comments that questioned whether the commercial and industrial intervention has no way out?
In this regard, Shijiazhuang Industry and Commerce Bureau only said that the investigation continues and no comment is made. Mr. Ma Dongxiao, an attorney with Shenzhen Proview, responded.
Ma Dongxiao: As a right holder, we do not need to wait until Shenzhen’s ownership disputes are resolved to start complaints. Second, the Industrial and Commercial Bureau is not a punishment. This is a survey. No commercial and industrial bureau has ever imposed a punishment. After the decision was made, I think it has been very careful. If someone even thinks that the ownership lawsuit has not been completed, you cannot investigate it. This is obviously not understood by the law.
In fact, as of now, Shenzhen Proview has reported complaints against Apple iPad trademark to nearly 20 industrial and commercial departments in nine provinces and municipalities. Proview has also intended to apply to the customs to prohibit the import and export of Apple iPad products. However, at present, only some cities and towns in Shijiazhuang, Xuzhou and other cities and towns require the iPad to be removed.
Yao Huanqing, an expert on intellectual property at Renmin University of China, believes that under the existing conditions, the trademark rights of Shenzhen Proview can be confirmed, and it is more likely to be supported by the business sector.
Yao Huanqing: Because the Apple iPad itself has trademark rights in other places, there is such a problem in the Chinese market. Even if we think that the rights of Proview are justified, the industrial and commercial departments at all levels handle such a thing. It will certainly be very careful. However, it is very prudent and does not affect the existing conditions, Shenzhen Proview's rights can be confirmed.
According to the analysis, with the involvement of local businesses, the bargaining power between Shenzhen Proview and Apple will increase. Although Shenzhen Proview did not disclose the expected value of the claim amount, the media reported that the data ranged from 50 million to 10 billion yuan, and Xie Xianghui, another lawyer of Shenzhen Weiguan, said that the longer the delay, the more the claim.
Xie Xianghui: What we think is that for Apple's claim, we are all based on a reasonable and reasonable basis. Of course, we have to take into account the gains Apple infringed him. The longer the time, the longer the amount of compensation will surely be. The bigger.
It has been reported that Apple will release its new iPad 3 in March. Will the process of listing on the iPad 3 be hindered by trademark disputes?
Xie Xianghui’s response revealed that Shenzhen Proview’s attitude towards preventing trademark infringement was very firm.
Xie Xianghui: We think whether he calls iPad or iPad 2 or iPad 3, his iPad trademark actually infringes on Proview's trademark rights. It must be investigated. As long as he sells iPad and there are infringing trademarks, we He will continue to safeguard his rights and demand that the industrial and commercial department ask the court to prohibit him from selling.
This trademark dispute is based on the settlement of the two sides or the change of the name of the Apple iPad. The core issue lies in Proview's asking price and Apple's assessment of the iPad's cost of renamed on the mainland.
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