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back to article iPads seized from shelves by Chinese officials

Officials have begun confiscating iPad devices from stores in China after a court ruled in December that Apple was guilty of infringing the trademark of Chinese monitor biz Proview. According to Hebei Youth Daily, officials from the Administrations of Industry and Commerce (AIC) raided a reseller in Shijiazhuang, clearing it out …

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Sauce for the goose

is apparently is not sauce for the gander in China.

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Karma ?

I would say that this is just a silly spat, but given the vigor with which Apple went after the Ipood (Here), or claimed to own the word Pod (Here), or more recently the Driphone (Here)

Well, what amanfromearth said!

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Anonymous Coward

More a case of

天下乌鸦一样黑

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YET

The fakes are still on sale!

The rule of law is not applicable here, I'm surprised Apple haven't got that yet.

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Act5ually...

..the are following the law. the Ipads have lost a case. They are appealing but the fact is they lost the case.

As they say, what goes around comes around.

Granted, China is swamped with fakes.

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APPARENTLY

BMW sued over a Chinese company making Fake X5's and lost (top gear if it can be believed) so the rule of law is not quite what it seems in China.

But of course if you speak out...... You get locked up..... For a long time.

It is unlikely to go Apples way.

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I'VE just realised....

I'm being nice..... To Apple.

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Windows

Do you feel dirty?

I know I would...

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Anonymous Coward

You're a changed man, LarsG

Is it due to the Anonymous Coward brokenness?

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Bronze badge

Chery, BMW, Chevy, VW?

Check these out:

http://www.carnewschina.com/page/7/

http://www.motorindustry.org/2011/12/15/chery-qq-vs-chevy-spark-copy-theft-the-true-story/

In the case of VW, I thought Chery made cars from unauthorized build parts but that instead of suing, VW showcased how good their quality is and that since Chery (or whomever) cloned it, it showed that VW had quality, and Chery was a quality company...

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Big Brother

Cars and Fakes

Car or no, fake iPads or no, Apple lost the case due to using a registered trademark "iPad" for selling its tablets. The fakes are still out there because they do not use "iPad" in the name, they just look the same. Just like that handbag that has a slight misspelling of a certain brand name....

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Anonymous Coward

re:BMW

The Chinese company wasn't selling fake X5's they were selling a car that looked almost identical, but it was cheaper....

I would suspect BMW probably used the court case to improve sales, believe me, no one in China would buy the Chinese brand because it looks like the BMW, IF they can afford the BMW, so BMW loose no sales, so why complain unless they call it the same thing...

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Headmaster

"so BMW loose no sales"

Wow, their sales aren't loose eh? I guess they won't have to tighten them then!!

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Or maybe

It's just a way to get an iPad without paying.

Is that cynical?

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FINALLY FROM ME...

On this subject...

Does Apple know that China have a vast nuclear arsenal?

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Maybe.

But I'm pretty sure that China knows that Apple has a LOT of cash.

I wonder when Apple will be encouraged to by Proview (is it? whoever they are) for a certain figure well above what it's worth.

ttfn

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But have you seen the design for Apple's new HQ?

http://i.i.com.com/cnwk.1d/i/tim/2011/06/07/applespaceship.png

Just wait till the internal covers are retracted revealing the underground fortress surrounding the iDeathRay ... then China will start to obey!

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@Paul_Murphy

I don't know if the situation has changed in recent years, but it believe it used to be the case that foreign investors are not allowed to own, or own the majority share in, businesses based in China.

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Hopefully they will go further

Hopefully they will start confiscating at the foxconn plant, products and parts-for-products for infringing fruit-ware. ;)

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@Svein

Only those destined for the Chinese internal market. Anything sold in other countries would be subject to cases in each country in question.

Of course, in China anything could happen, given that their legal system is very different. But I think that many companies would re-consider using China as a manufacturing base if the Chinese authorities were to start confiscating goods destined for sale outside of China.

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Alert

£Only those destined for the Chinese internal market. Anything sold in other countries would be subject to cases in each country in question.£

apparently it's not the case you presume if new reports are accurate, it appears Lance 3 prediction/suggestion may well happen now if cash isn't spent settling before trial ( is that an option in china's legal system ?)

http://forums.theregister.co.uk/post/1308659

"If they want to get the attention of Apple, forget a court order for them to stop sellign them in China, go for the jugular and prevent them from being exported. "

see http://uk.reuters.com/article/2012/02/14/us-apple-ipad-idUKTRE81D0OE20120214

Apple may face iPad export ban in China trademark dispute

By Artemisia Ng and Melanie Lee

HONG KONG/SHANGHAI | Tue Feb 14, 2012 5:45pm GMT

"The Chinese firm Proview Technology (Shenzhen) Co Ltd is petitioning Chinese customs to stop shipments of Apple's popular

iPads in and out of China, though the customs have not responded to its request, lawyer Xie Xianghui told Asian Legal Business, a Thomson Reuters publication."

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Devil

What I wonder is........

If Apple loose the appeal does that mean that within Chinas border the word ipad can only be used by Proview ?

How would that affect all those ipads being made there, would they have to leave the word ipad off them to be able to export ?

Could be interesting if they loose the appeal....

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Mushroom

LOSE

FFS the word is lose!

Loose makes me think of a dog crapping all over the furniture.

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Headmaster

LET LOOSE THE APPEALS!

I was thinking of them appealing 20 or 50 times!

LET LOOSE THE APPEALS!

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Ipad is a stolen product. China should spend all its money destroying the iPad.

Who else suspects the original IPad was created as a copy of the ipaq?

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Which was ripped off from......

The Palm Pilot, which ripped off the tandy zoomer.......blah blah blah.

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Or maybe the iPaq was a copy of the palm which was a copy of the Newton, invented by erm, Apple..

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Unhappy

Destroying iPads

Perish the thought! I hope nobody destroys any iPads because somebody probably died to make them.

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jai
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TopGear

I just watched the previous week's TopGear where they went to China and were looking at all the car fakes. And how BMW had tried to sue over the fake X5 (or whatever it was) that looked identical to their model, and they lost the case because the Chinese courts ruled that there were no similarities at all.

I'll admit, Apple can be a bit over zealous, but it seems crazy over there, you haven't got a chance of winning unless you're a Chinese company.

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Well they paid up for...

iPhone (Fujitsu?) and iOS (Cisco), if I remembered those right.

So they'd better get their wallet out for iPad and pony up to ProView, too. As they've infringed already I'd hope it ends up being $5 per device sold instead of a flat rate. Make an example of the Western Capitalist, etc, etc. Not like they're gonna move manufacture from Foxconn overnight.

Perhaps they should have gone with a less stupid naming convention from the outset than i+some word from a dictionary.

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FAIL

But Apple DID buy the iPad trademark from ProView!

Or so they were led to believe by ProView's Taiwanese subsidiary at the time.

ProView (China) is claiming that ProView (Taiwan) did NOT have the rights to sell the "iPad" trademark, despite ProView (Taiwan)'s claims to the contrary during the original sale. That would suggest ProView (Taiwan) sold IP rights when it wasn't the legitimate rights holder. Either way, ProView (China or Taiwan) is at fault here as, presumably, someone in the corporation's Chinese mothership was aware of their Taiwanese arm's activities.

THAT is what this case is all about: ProView have been acting in bad faith. If Apple's allegations are correct, then ProView are guilty of "trademark trolling".

If Apple does lose this case, it's going to make doing business in China more expensive as more arse-covering layers will be required when dealing with IP issues. (I.e. if US Corporation A tries to buy Chinese Corporation C's IP, a whole layer of legal middle-men in both nations will have to be hired to perform the necessary checks, all of whom will also require expensive liability insurance as Corporation A is damned well going to sue somebody if it turns out they've been sold a pup.)

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I think it might be because from the mainland viewpoint (and technically, from every other country's), there's no such thing as the ROC. There is only one China, the PRC, which happens to have a rebel province in Taiwan.

So any legal decision In Taipei might have some difficulty to be applied in Beijing if they feel like ignoring it.

Handling relations between mainland China and Taiwan must be a lot of fun now that they have so much economic interconnect.

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oh yeah :-D

My personal fave is the $100 million and a free license for the I device program that went to Creative Labs over the menu system in ahem, hand held music players etc.

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WTF?

I don't think so!

PRC is going to invade Taiwan to "seize" at the Foxxconn plant?

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Happy

More interestingly on that one.

From a Chinese legal perspective Taiwan is part of China, so continuing to sell in Taiwan could be seen to put Apple in contempt of court.......

More popcorn please.

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invade?

If I understand the situation correctly China don't recognize Taiwan as a sovereign nation so there would not be any invasion necessary, they would simply relocate some more troops to there.

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No country has recognized Taiwan as a sovereign nation, not even the US.

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FAIL

Except...

With the exception of all the countries that were in the UN before 1971. Oh, wait, that does include the US after all...

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Anonymous Coward

If you ignore

The Vatican, El Salvador, Domincan Republic and about 20 other (small) nations.

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A few less now

There have been a few bidding wars. I believe Liberia flip-flopped their recognition a few years back, and Dominica took over $1,000 per citizen when it recognised China: BBC link.

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Happy

Puts recent Andrew O article into perspective...

http://www.theregister.co.uk/2012/02/07/ipo_captures_govt/

China is learning quickly that IP is sometimes good for stimulating worthwhile economic activity - but it's great for useless rent seeking. We can expect more of this rubbish in the future.

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I wonder

"Shenzhen-based Proview, which registered the “IPAD” trademark way back in 2001."

2001 was the year of the first ever iPod. I wonder which was registered first, Proview's iPad or Apple's iPod?

Anyone know how to find out?

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Apple invented everything first and registered everything first.

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Well a quick Google search shows a press release from AMD showing that Proview released a product called the iPAD back in August 2000, about a year before the ipod showed up. It looks to me like it was a monitor with a built in PC that took cues from the iMAC.

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Including Fire

some text

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Anonymous Coward

The iMac came out in 1998...

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Corruption seems more likely...

Surely a police state can organise a proper universal seizure of iPads, if that's what they wanted to do? So if they haven't, and what we've got is isolated cases of local authorities 'confiscating' iPads from shops, then corruption seems more likely.

Local police chief notes wife's birthday is due. Thinks what would make his darling a happy bunny? Sadly considers his bank balance, in comparison to the cost of an iPad. Has bright idea... Seizes iPads. Result.

As I understand it the Chinese central government doesn't have a lot of success in controlling local government - which is a source of a lot of the corruption, that's making the Party so unpopular.

Stealing a few million from the defence budget, when the government is rolling in money, isn't obvious. Illegally bulldozing a bunch of people's houses (without compensation) to build private villas for the mayor and his cronies - that sort of thing gets attention.

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Agreed.

Valentine's day coming up. A stack of confiscated iPads would sort that out nicely.

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Anonymous Coward

Local Government Corruption...

Unfortunately that is too true, they even execute corrupt officials in an attempt to control the corruption... The problem is local government in China is causing bad press for the whole Chinese government, meaning the rest of the world doesn't realize the people in charge are well educated, and have served their time before getting up the ladder into power positions, so they know what their doing (or should do) it may be a system that is hard to push through change, but it works..

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Meh

45 iPads confiscated

Seems like someone found a way to save on the IT budget...

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