Chinese newspaper Xinhua News Agency reports that Apple may be
unable to use the iPad mark in China in connection with its tablets
unless it first purchases the right to do so from a Chinese company
called Proview Shenzhen. Apparently Proview Shenzhen registered the
IPAD trademark on the Chinese mainland in 2001 (prior to the launch
of the iPad tablet by Apple). In 2009, Apple allegedly bought the
rights to use the mark from Proview Taipei, an affiliate of Proview
Shenzhen (the two companies appear to have the same parent) for a
sum of approximately $55,000. Proview Taipei had registered the
IPAD mark in a number of countries and regions including Taiwan but
did not own the mark in mainland China. The dispute appears to be
whether the agreement with Proview Taipei is binding on Proview
Apple brought an action against Proview Shenzhen claiming that
ownership of the mark should be transferred to Apple per its
agreement with Proview Taipei. The Municipal Intermediate
People's Court in Shenzhen rejected Apple's claim earlier
this week. Apple may appeal the decision.
In the meantime, Proview Shenzhen, which is a manufacturer of
digital displays and is now on the brink of bankruptcy, is claiming
approximately 1.6 billion US dollars from Apple for its
infringement (Apple began selling iPads in China early last year).
They have also commenced lawsuits in two Chinese courts seeking to
stop Apple from selling the iPad in China.
The cost of this to Apple has the potential to be significant.
According to news articles, Apple claims that its Shanghai and
Beijing stores generate the highest revenue of any of their
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
The Policy stresses on the need for a holistic approach to be taken on legal, administrative, institutional and enforcement issues related to IP.
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