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iPad dispute backgrounder

03-01-2012 08:17 BJT

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The hearing today received a lot of attention media -- local and international alike. But if you're having trouble keeping your facts straight, that’s because it is complicated. And the longer it goes on, the more complex it indeed becomes.

The case centers around Proview International Holdings, the Hong Kong-listed maker of computer monitors and other devices. A subsidiary, Proview Taiwan, registered the IPAD trademark in the UK, Singapore, India, and many other markets in 2000. And in 2001, another subsidiary, Proview Technology in the Chinese mainland, applied for the IPAD trademark in the mainland.

Customers visit the Apple Store in New York City's Grand Central Station on Feb. 28, 2012.
Apple Inc will hold a product event on March 7 in San Francisco, where it's said to be
releasing iPad3. (Xinhua/Wang Lei)

In 2009, Proview International’s Chairman and CEO Yang Long-san authorized Proview Taiwan to sell the IPAD trademark to a company linked to Apple for $55,000 in 2006. But it didn’t know the company was linked to the tech giant.

Proview Technology says they are an independent unit of Hong Kong Proview International. So they still own the iPAD trademark in Chinese mainland. However Apple says Proview International’s Chairman and CEO Yang Long-san is the legal representative of both Proview Taiwan and Shenzhen. They were under the impression they bought Proview’s worldwide rights to the iPad trademark in 10 different countries including China. Apple says Proview refuses to honor their agreement.

Yang Longsan, legal representative for Shenzhen Proview Technology said: "The authorization of the deal is from Proview Taiwan. It has no relations with Proview Shenzhen. They are independent. So the agreement of trademark cannot apply to Shenzhen Proview."

In April 2011, Apple appealed to the Intermediate People’s Court in Shenzhen to claim the ownership of the IPAD trademark in the Chinese mainland. However, in November, the court rejected the lawsuit.

Since then, Proview Technology has filed complaints in 20 cities, urging authorities to prohibit the California tech giant from selling or marketing its device. It has also filed a request with Chinese Customs to block the import and export of the iPads in China.

A week ago, a Shanghai court rejected a request by Proview Technology, to block Apple from selling iPads in Shanghai, saying that it would depend on the ruling of the Guangzhou higher people’s court.

Apple sold 15.43 million iPads world-wide in the fourth quarter of 2011, more than double what it sold a year earlier, the company said in January. The company has repeatedly identified China as one of its most important markets for growth. And it is expected to unveil the third incarnation of the iPad next week.

An Apple seller works at the Apple Store in New York City's Grand Central Station on Feb.
28, 2012. Apple Inc will hold a product event on March 7 in San Francisco, where it's said
to be releasing iPad3. (Xinhua/Wang Lei)




    Editor:Zhang Rui |Source: CNTV.CN

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