Apple vs Proview: China Legal System Still Broken 苹果与唯冠iPad商标权之争或损及中国版权保护形象

By newsdoug on February 8, 2012

China needs to end courtroom drama over iPad name The ongoing legal tiff between Apple (Nasdaq: AAPL) and a relatively obscure Taiwanese company over the rights to the iPad name in China has mesmerized the Chinese media and Apple fans in general, but what it really shows is how badly broken the Chinese legal system is when it comes to copyright and intellectual property (IP) protection. Instead of protecting companies like Apple, which are the innovators that drive technology, this series of Chinese lawsuits is doing just the opposite, with the Taiwanese company using China’s inept legal system to try and extort money from this global giant. What’s scarier, the Taiwanese company, an affiliate of Proview Technology, could very well win the case, forcing Apple to either pay an extortionate fee for the use of the iPad name in China, or potentially to abandon the name altogether in this important market. Surely this is not what trademark protection law was meant to do. Let’s quickly review the facts in this case to show why it’s become a bit of a farce, albeit a closely watched one. Apparently the Proview affiliate registered the iPad name back in 2001 when the Taiwan parent was developing a product that clearly had no relationship to Apple’s highly popular product of the same name launched in 2010. That Proview product was no doubt a dud, and the company later sold the global rights to the name to a British firm, which ended up selling the rights to Apple. So now it seems the Proview affiliate has discovered the transfer of the iPad name was never properly executed in China. But rather than admit its fault in the matter and complete the name transfer, it is actually suing Apple in China, saying it still owns the iPad name and Apple is violating its copyright. And rather than force the Proview affiliate to correct the situation, which is what would probably happen in any Western courtroom, the Chinese courts seem to be interpreting the law quite literally and saying that Proview still owns the iPad trademark, and that Apple therefore must either license the name again or stop using it. The case isn’t over yet, with hearings taking place in several Chinese courtrooms. But if China is smart, some senior judicial officials should quickly step in and talk with the judges involved and quickly end the case in Apple’s favor or with a reasonable settlement. Otherwise they risk tarnishing the image of a Chinese copyright protection system that, while headed in a positive direction, is still rife with problems.

Bottom line: Senior Chinese judicial officials need to step in and end a trivial lawsuit against Apple over the use of the iPad name, or risk further tarnishing the country’s image for copyright protection.

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