Chinese court says Apple can continue selling iPads in Shanghai

“A Shanghai court has rejected a request by a Chinese technology firm [Proview Technology] to stop Apple Inc selling its iPad tablet computers in the city, a source said, part of a wider battle for Apple over the trademark in China,” Samuel Shen and Jason Subler report for Reuters.

“The Shanghai Pudong New Area People’s Court ruled in Apple’s favour after a hearing on Wednesday, the source with direct knowledge of the ruling said, confirming a report by the website of local official newspaper Xinmin Evening News,” Shen and Subler report. “However, it was still not clear whether a separate effort by Proview to seek compensation in the Shanghai court from Apple for alleged trademark infringement would be successful.”

Shen and Subler report, “Apple is also appealing a decision from December by a Shenzhen court, which ruled in Proview’s favour. A higher court hearing for the appeal is set for Feb. 29 in China’s southern province of Guangdong.”

Read more in the full article here.

[Thanks to MacDailyNews Reader “Fred Mertz” for the heads up.]

16 Comments

  1. Apple: would you like us to continue pumping $B’s into your manufacturing economy… or let this troll prevent of from selling in China, and therefore we’ll move manufacturing to other developing countries?

    China: drill, baby, drill!

    1. Such a cynical point of view. I would like to think that justice and fairness prevail in the world. China has to appear as a just country and her courts must start giving the appearance of listening to all sides of the case before delivering a verdict.

      1. I would like to think that justice and fairness prevail in the world, too, but that just isn’t reality. Politics and PR prevail in the world and China is caught in the middle. Very bad PR to smear Apple when they provide so much money and political pull in that country. It helps if it’s the right thing to do, but lets face it, China is not known for doing what’s best for anyone other than China.

      2. ” I would like to think that justice and fairness prevail in the world. China has to appear as a just country”

        Holy shit you’re delusional. China?!
        As someone who lives in Shanghai, I can tell you.. your comment is about 50 years away from being relevant. I mean… anybody who’s lived through the Baidu/Google/China saga has all the information he/she needs to make up his mind about China. Justice prevails in a third world country where most people don’t have clean water? Alright. That’s an interesting position.

          1. You’re comment is philosophical, and relevent in matters of perception. However, as I’m sure you would agree, this is not an issue of perception, it’s a matter of political positioning and reality. Your original statment was that you think justice and fairness would prevail in the world. Before that can happen, everyone must have the same vision of justice and fairness. Currently, culture dictates what is justice and fairness and China’s idea of justice and fairness is clearly different than yours. China will bend to political pressure and rule in favor of what Apple perceives as fairness and justice, even if they don’t agree with it.

        1. You may be right regarding the current state of justice in China, Robson. After all, you live there.

          But I do not believe that there is necessarily a correlation between justice and the availability of clean water. Poor people in technologically disadvantaged countries may provide better justice than the our system in the U.S. We have a massive justice system and a lot of laws and forms and precedents and formal procedures, but law and order must also be applied with wisdom. Sometimes we seem to be lacking in the wisdom department.

      3. Unfortunately, China has a long way to go before the rule of law prevails (mostly) over the rule of men. But pragmatic arguments work wonders, and if they accomplish what is right, that’s fine – there’s nothing basically wrong with a pragmatic argument, so it’s certainly not a case of achieving a good end through evil means.

  2. Proview claims the agreement is not valid. It claims that its own wholly owned and controlled Taiwanese company was not entitled to sell the rights for use of the trademark in China.

    Documents filed about a week ago show that Apple’s proxy asked specifically if the affiliate was entitled to sell the rights as set out in the agreement and there is an email from Proview confirming this very entitlement.

    Appears to be a case of internal incompetence or bare faced greed (after having witnessed the outright success of the iPad) on the part of Proview and the matter ought to be thrown out of court.

    Contract law is a fundamental element to enabling international trade which the Chinese should have come to grips with by now. If this case goes against Apple, it jeopardises all other contracts entered into by companies the World over with subsidiaries and affiliates of Chinese companies as it would permit Chinese parent companies to wiggle out of almost any contract not entered into by the parent company itself.

    The Chinese will be jeopardising their position as an outsourcing destination of choice if they permit their companies to perform such ‘u’ turns just because they don’t want to live up to a clause in a contract an affiliate or subsidiary entered into.

    Chinese integrity is at stake…

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