Lawyers say the trademark office in a week or two to transfer iPad trademark to AppleMr Yang, Proview Chairman and Managing Director, said Shenzhen Proview bankruptcy risks a lot less now, next wants to lead transformation of Proview energy-saving field.
iPad trademark dispute in China for up to two years, to Shenzhen Proview to Apple to pay $ 60 million (about 380 million yuan) and gold curtain.
July 2, the Guangdong provincial higher people's Court passed the official website announced that, on June 25 at the hospital to go to Shenzhen Proview served with Apple civil mediation, the mediation has been in effect. Recently, Apple has been requested by the mediation to the Guangdong High Court nominated account into $ 60 million, and on June 28 to the Shenzhen intermediate people's Court of the first instance court in the case seeking to enforce the above civil mediation.
Guangdong High Court also pointed out that the Shenzhen intermediate people's Court on July 2, the State administration for industry and Commerce Trademark Office delivered the iPad trademark in connection with the transfer to the company's decision and notice for assistance in execution. Guangdong High Court, "said this means Apple and Shenzhen Proview iPad trademark dispute resolved. "Chinese
New York Times yesterday quoted Xie Xianghui Shenzhen Proview lawyer as saying, just a week or two's time, China's State administration for industry and commerce under the Trademark Office will transfer to Apple iPad trademarks registered in China.
as of morning news yesterday, Apple the lawsuit settlement is not audible.
Proview rush money debts from the outset, the intellectual property cases are full of the focused element. Is a leading global company, local company is on the brink of bankruptcy, unequal on both sides; in addition, the iPad trademark was registered by Shenzhen Proview, but brand reputation is conferred by Apple. In a lawsuit over the course of two years, the two sides had been present for several rounds off the game.
after the High Court announced in Guangdong, Shenzhen Ma Dongxiao Proview lawyer responded, "happy with the Guangdong high court settlement reached under the conciliation, a $ 60 million settlement is acceptable to both sides. "Apple's iPad development he said has become a well-known brand, even if the only Crown they have won, this brand is also not too much benefit to Proview, so this is a good solution for both sides.
Proview Group Chairman and Managing Director Mr Yang also told reporters yesterday, "is currently under great pressure from the creditors, the Court also has been giving us mediation, if according to the normal sentences, we get the amount might be less, so ultimately chose reconciliation. "
Mr Yang had disclosed to the media information display, Proview group external debt of about US $ 400 million now, Proview's Shenzhen debts as high as $ 200 million. $ 60 million settlement payment won't completely fix the Proview's Shenzhen debt problems for creditors, but this is not a small asset. Shenzhen Proview's largest creditor for eight major State-owned banks.
Mr Yang said yesterday that will lead the company LED lighting industry, "is currently the only Crown LED lighting projects have been put into production, defense is to make a transition in the future energy investments and energy management, street reconstruction, for example this one. "Mr Yang said Shenzhen Proview bankruptcy risks a lot less now, next wants to lead transformation of Proview energy-saving field. Another pressure is that of
Proview, Proview's Shenzhen one creditor--Taiwan Fubon insurance company in March this year to Shenzhen intermediate people's Court, the Guangdong provincial higher people's court proceedings, application for Shenzhen Proview bankruptcy liquidation. Shenzhen, the company believes the only way the Crown did not provide any evidence that the assets, including the iPad trademark can pay off all debt or liquidity, and that the trademark has been mortgaged to the Bank, also failed to provide assessment of the trademark or other assets.
"fortunately not too expensive"
well-known intellectual property attorney, Dean of Shanghai University's intellectual property speak yesterday said the lawsuit if not "win-win", and "two-input", "Apple to hundred secret me a drain buried, but fortunately not too expensive. Proview fortune, although not expecting much, but there are hundreds of millions of Yuan. "
intellectual property lawyer, senior partner of law firm Shanghai fanyang Liu chunquan told reporters yesterday, $ 60 million for Proview in Shenzhen should be very satisfied with the amount. "This is the result of Guangdong High Court mediation, if both sides continue lawsuit Proview may not really be able to get so much money. "
Liu chunquan thinks Apple iPad trademark rights transfer before as multinational companies in making stupid mistakes in the process, and then in a lawsuit with the Shenzhen Proview is not satisfactory. "Apple is flawed in this intellectual property, before Apple's lawyers of Chinese laws are too lightly, Apple paid the price in the end. "Proview's Shenzhen and
contest, Apple believes that in 2009 through United Kingdom IP from Proview has bought companies in the EU, China, Singapore and other 7 10 iPad trademark in countries and regions, but later advanced to the iPad in the city when the transfer of ownership of the trademark, Shenzhen Proview trademarks, China has refused to involve the relevant agreements. Shenzhen Proview think companies have a iPad trademark rights in mainland China, has no right to represent Shenzhen Proview Proview company.
in June 2010, Apple filed with the Shenzhen intermediate court in Shenzhen Proview, requesting confirmation of their iPad trademark rights. The Shenzhen intermediate court after the first-instance judgment against Apple, Apple and then appeal to the High Court in Guangdong. Guangdong High Court, coordination of reconciliation between the two sides.
in the meantime, Shenzhen Proview strong put pressure on Apple, through complaints to the Customs and various other commercial and industrial sectors, called for a ban on iPad imports and sales in China. The real action as much business, dealers collect the iPad to Apple products.
settlement is equivalent to 100,000 iPad compared with Proview in Shenzhen have been pursuing reconciliation demands strong Apple finally accepted the settlement there are a lot of practical considerations.
Apple's new iPad sales in China has been made right, hopes the lawsuit settled as soon as possible can expand the iPad's sales.
in addition, after his death, Tim Cook, Apple's new Chief Executive jobs sike style and different, he has said publicly that he hates litigation settlement with a rival.
the company was producing shovel of gold in China. Apple's second-quarter earnings disclosure at the end of March, Apple revenues US $ 7.9 billion in China, accounting for Apple's worldwide turnover of 20% and become the world's second-largest market. This is equivalent to the daily China revenues up to $ 87.77 million ($ 550 million), which is higher than the adjusted amount in the present case. Some analysts believe that $ 60 million, Apple just sold 100,000 new iPad in China can solve the problem.
at the end of March, Apple has sold various versions of the iPad 67 million units around the world.
similar to the iPad, Smartphone iPhone's name is not original. Headquarters is located in Beijing, and in eBook field has long of Han King technology (002362) previously in listed offering book in the disclosure, 2009, Apple had to Han King technology paid 3.65 million dollars (about collection Yuan about 24.9 million yuan) reconciliation gold, to get Han King technology in world any place application or registered of all and any and "IPHONE" related trademark, including China territory of "i-phone and the graphics" and "I-phone (calligraphy body)".
court protection from creditors?
"settlement between the two sides, the specific amount should be confidential and should not be disclosed. "Liu chunquan detailed disclosure yesterday of the Guangdong high court settlement put forward their own views. "This is China's top intellectual property lawsuit settlement, which would lead to subsequent purchase trademarks of multinationals in China the price raise, can also lead to various types of trademark litigation has greatly increased. "
Proview sound outstanding lawsuits, accused Chinese companies – Apple and the matter of Apple's MAC OS Snow Leopard released in August 2009 (Snowleopard).
according to modern express reported, recently, Jiangsu Snow Leopard day of limited to Shanghai City, Pudong new area, Court submitted civil complaint, prosecution Apple computer trade (Shanghai) limited against its "Snow Leopard" trademark, requirements other stop infringement behavior, and public apologized and compensation 500,000 yuan, together with with was prosecution of also has for Apple company Snow Leopard products do publicity and sales of Beijing wisdom de code Kang e-commerce limited, and Shanghai beauty Asia Trade limited, and Shanghai good Dang buy trade limited, and Jiangyin Hua Hai network technology co., Ltd. At present, the Shanghai Pudong Court has accepted the case and scheduled for July 10.
Liu chunquan believes that Jiangsu snow leopards in Guangdong High Court judgement is pending the outcome of the case, difficult to evaluate, but then there will be an increasing number of intellectual property lawsuits under the influence of the case, there will be more and more people will profit by means of registered trade marks, the Guangdong High Court this decision with far-reaching.
yesterday, the Guangdong high court official quoted industry insiders said in the message, "in the case of successful mediation to maximize the value of the iPad trademark, which protects the interests of creditors, creating a new path for foreign trademark ownership dispute, a milestone in the history of intellectual property rights trial. "
according to the Guangdong provincial higher people's Court said, on February 29 after a public trial, a collegial panel in charge of the case considered, for maximum interests of both disputes, mediation is the best choice. Shenzhen Proview creditors have reached hundreds of people, its largest property valuations are mainly concentrated in the iPad trademark values, before litigation, trademark has been involved a number of banks apply for attachment, once the mark value of derogatory words, will cause greater losses for creditors.
Liu chunquan does not agree to this view, the Court is adhering to "fair and just", who should not say to protect the interests of. Speak the Guangdong High Court agreed the ruling does create a new path for foreign trademark ownership dispute, "a milestone in the history of intellectual property trial."