iPad sold in the Mainland or was banned in Hebei

After Apple lost the trial in the first instance, Apple and Shenzhen Proview intensified their battle for iPad trademarks. According to the “Hebei Youth Daily”, several Apple authorized dealers in Shijiazhuang, Hebei, have already had their iPad2 delisted, and the Xinhua District Administration for Industry and Commerce in Shijiazhuang also seized 45 infringing iPad2s on the 12th.

Shenzhen Proview's attorney Xie Xianghui disclosed that up to now, nearly 20 industrial and commercial departments in nine provinces and municipalities have been involved in investigating iPad trademark infringement cases. Proview also intends to apply to the customs to prohibit the import and export of Apple iPad products. Apple has already appealed to the Guangdong Higher Court and will be in court on February 29. At present, Apple is not responding by saying it.

Is iPad trademark sold?

At present, the focus of debate between the two parties is mainly focused on whether Shenzhen Proview sold iPad trademarks to Apple in the end. According to Shenzhen Proview, the trademark was never sold, and Apple believes that since Taiwan Proview sells its global trademark rights, the iPad's Chinese trademark is naturally included. It is understood that in 2000, Taiwan Proview registered iPad trademarks in various countries and regions. Shenzhen Proview 2001 registered two categories of iPad trademarks in mainland China.

Shenzhen Proview's attorney Xie Xianghui said that Taiwan Proview and Shenzhen Proview belong to Hong Kong Proview International Holdings Group, but the two subsidiaries operate independently and cannot represent each other. Xie Xianghui also disclosed that in 2009 Apple had contacted Shenzhen Proview to negotiate the right to use the iPad trademark. At that time, Proview's offer price was several million US dollars, but the two sides did not agree, and then Apple has been selling lawsuits in China. iPad. However, at the same time, he admitted that the two companies had negotiated through an attorney and had no contact at the company level.

Insiders believe that in Apple's view, it has spent 35,000 pounds and Taiwan Proview signed a global transfer agreement for the iPad trademark, which means that Apple can obtain global trademark authorization. However, Shenzhen Proview believes that the iPad's trademark in the Chinese mainland is not included in the 35,000 pound transfer agreement. Moreover, Shenzhen Proview is the owner of the iPad trademark in mainland China, and Taiwan Proview does not have the power to sell it. China's trademark rights do not belong to Apple.

Apple may face 30 billion fines. According to Xie Xianghui, at present, it has sent complaint letters on trademark infringement of Apple iPad to nearly 20 industrial and commercial departments nationwide, involving Shandong, Hebei, Hunan and Sichuan. Although Apple continued to appeal at the Guangdong Higher Court, Proview filed a trademark infringement suit with the Shanghai Pudong Court and scheduled to hold a hearing on February 22. Proview hopes that relevant departments can ban the sale of Apple iPad products in Shanghai.

While the sales channels of the iPad were completely blocked, media reports said that the fines issued by the Xicheng Branch of the Beijing Municipal Administration for Industry and Commerce were as high as 240 million yuan, but they have not yet entered the enforcement process.

In addition, according to the provisions of Article 52 of the "Regulations of the People's Republic of China on the Implementation of the Trademark Law," the amount of fines for the infringement of the exclusive right to use a registered trademark is less than 3 times the amount of illegal business. Analysys International data show that from the fourth quarter of 2010 to the third quarter of 2011, the Apple iPad series of tablet computers has sold 3.62 million units in mainland China. Calculated at an average price of 3,000 yuan each, it has far exceeded 10.8 billion yuan. If Apple still lost the case at the final trial, the maximum penalty for Apple by the Trade and Industry Bureau could exceed 30 billion yuan.

Proview hopes to reach reconciliation Xie Xianghui's lawyer said that once the prohibition order is obtained from the court, Proview will ask Apple to stop selling iPad products in various channels in mainland China. However, he also said that according to his understanding, Shenzhen Proview still hopes to reach a settlement with Apple, but Apple has not yet made it clear.

According to industry insiders' evaluation, Shenzhen Proview applied to the court for an injunction to "advance ahead," relying on the use of pressure from the channel dealers to force Apple to settle as soon as possible. However, Proview has not disclosed the compensation that it hopes to reach a settlement. Its lawyer only said that reconciliation is the best way and that Proview hopes to protect its own rights and interests.

When Guo Fu, a well-known lawyer in China, said about the case, he was unlikely to reverse Apple's second-instance trial under normal circumstances. He believes that the possibility of reconciliation between the two parties is very high. The core of both sides' stalemate lies in Proview's asking price and Apple's rename of the iPad on the mainland. evaluation of.

Although Huang Yinna, head of the Public Relations Department of Apple (China), said “no comment” on the case, some insiders pointed out that if Apple changes the trademark, the cost of re-marketing and propaganda will also be huge.

Proview's intention to file a complaint with Customs, said Xie Xianghui, lawyers also revealed that Shenzhen Proview is currently preparing to provide materials to the Customs, requesting the ban on the import and export of Apple's iPad. Not only that, but Proview said that Apple has used a company registered in the UK to purchase the iPad trademark for 35,000 pounds, which is not fair in the law. In accordance with U.S. law, there is a "suspicion of fraud" on the act of not revealing the intent of the purchase, and it is intended to file a lawsuit against Apple in the United States on this ground.

Proton Ma Dongxiao, another attorney, pointed out that Shenzhen Proview has not submitted any specific amount of compensation to Apple so far. The purpose is to hope that it can reconcile with Apple. "Proview did not formally report the price, and Apple is very proud and has no sincerity in listening to the offer."