Proview iPad trademark dispute three ways: Apple will choose how

Apple iPad Tablet PC sales in China, accounting for more than 70%, if Apple were to continue in the second instance by the end of February lost, it would have to face heavy fines.In the eyes of the fruit powder, iPad trademark infringement case look like Proview (Shenzhen) conspiracy to chew on a global market of the Big Apple is likely worth working hard for several years.But the eyes of the lawyers, the legal basis is higher than the value judgments that take it for granted.According to the difference between the Chinese Trademark Law and Trademark Law, the United States to follow practical first, but the Chinese follow the registration as the first principle. If this is the Trademark Office of Nuclear trial, that the trademark is owned by the registered person. Coupled with the common phenomenon is that many companies without products on the already registered trademark."Why is Apple's first prosecution but lost a lawsuit? Proview (Shenzhen) to be registered ipad trademark."And, from the Company Law point of view, the Proview (Shenzhen) is a registered limited liability company in China, is an independent corporate entity, although it is Proview (Taipei)'s company, but they are two independent subject, so the trademark is Proview (Shenzhen). "the Shanghai MULTIPURPOSE law firm senior partner Huang Peiming lawyer explained Apple first instance will lose. Many people believe that this is a big mistake in Apple's lawyers then signed the transfer agreement.Right now, there are already nine, including Beijing, Shanghai, Shijiazhuang and other 20 provinces, municipalities, business sector involved in the investigation iPad trademark infringement cases and seized the iPad. The PROVIEW there is the intention of Customs to apply against Apple iPad product import and export.Wong said that before a second trial, the legal holder of the iPad trademark is undoubtedly the Proview, and Apple have three choices.First, an appeal the High Court. However, according to current Chinese law, to reverse the verdict is unlikely.Second, Apple spend money to buy the trademark, or the requirements PROVIEW authorized its use, and then pay a trademark license fee each year.Third, completely abandon the use of the "iPad", whom to change the name."If the parties can not reach a settlement, means that Apple can not trademark the transfer of power or authority, that the infringement is incontrovertible thing."Apple iPad Tablet PC sales in China, accounting for more than 70%, if Apple were to continue in the second instance by the end of February lost, it would have to face heavy fines.Wong said that the payment amount is a debatable issue, 30 billion of the Internet rumors of a huge sum of money will not necessarily become a reality, everything depends on the parties choose which method of calculation.Released by the Supreme People's Court on the Trial of Patent answers, the specific calculation method has the following three, (a) patent infringement by the actual economic loss as the amount of damages. Infringer's infringing products (including the use of the products of the patented method of others) of the patentee of the patented product sold on the market decline, reducing the total number of its sales volume multiplied by the profit from the plot of the patented product, that is, for the patentee's actual economic loss.(B) as compensation for losses of all profits obtained by the infringer due to infringement. Infringer from infringing products (including the profits obtained by using another person's patent products) multiplied by the total income of the product on the market, that is, all profits from the infringer.(C) a reasonable amount of not less than the patent license fee as compensation for losses.For the above three methods, the People's Court has discretion. 65 of the Patent Law provides that the amount of compensation for patent infringement, as amended, not less than 10,000 yuan but not more than one million yuan.For another major controversy - the regional business sector for selective enforcement, that is intended to squeeze the apples in the domestic living space, Wong said, this is in full compliance with the administrative penalties prescribed. "Apple report Proview (Shenzhen), there is no evidence, nor in favor of industry and commerce have the right to be punished. If Apple is not satisfied with the punishment results may apply for administrative reconsideration or litigation."She said simply be included in the "selective enforcement" is inappropriate. Domestic Indeed, there is no lack of infringement, fakes phenomenon, but this and by the attitude of the infringing party has no direct relationship. "The other injured party should submit an application, if the relevant departments as to continue to apply for administrative reconsideration or litigation."