Saturday, 25 February 2012

Apple can sell iPads in Shanghai, says Chinese court


The iPad sale ban on Apple has been suspended temporarily, and Apple can continue selling its iPads in Shanghai. The Shanghai Pudong New Area People’s Court on Thursday rejected the request from Proview to stop Apple from selling its  tablet devices. The court agreed to Apple’s request to suspend the ban until the  Guangdong High Court hearing on 29 February.
“It’s a great help to Apple by giving it some breathing space. But it’s not clear whether Apple will eventually win the trademark infringement case in China, as the crucial thing will be the ruling by the Guangdong higher court,” said Ren Wenfeng, a lawyer at Guo Ce Law Office, which is not involved in the Proview-Apple dispute.
Proview Shenzhen registered the trademark ‘iPad’ in China in 2001, nine years before Apple launched its iPad products in 2010. Apple had applied for the transfer of the trademark from Proview Shenzhen, but the application was turned down by China’s trademark administrative authorities. Proview then requested that the court to impose a provisional ban to take the iPad off Shanghai’s shelves – which included three of Apple’s own stores.
A recent report also indicates that Proview is willing to talk to Apple and settle the dispute.
“We are now preparing for negotiations. The court cases will continue until we reach an agreement,” Proview’s lawyer, Xie Xianghui has stated.
China is not only an important market for Apple products, but also a major production base where iPad and other Apple products are manufactured. The decision, announced by the court on Thursday, gives Apple some time to prepare itself for a larger battle over the iPad trademark in China.

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