Sunday, January 15, 2012

Malic company again defect " tort door " will be faced with claim for compensation of a huge sum

Ma Gongyu of our newspaper reporter



Since company of apple of the beginning of the year rolls ou the most popular ata pci t flat computer IPad, its attack a city to unplug in market of global electron spending stockaded village, overwhelm, home also appeared " fruit pink " stay up late the picture of scare buying queueing up. But, the crisis of brand patent tort that malic company is come from China likely by.

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Be in early 2000, only coronal international (Hong Kong appears on the market company, actual pilot of stock code 00334) only the brand of other each district of the Europe that coronal Taipei company registered a variety of electron products such as Ipad computer and world. Mixed in June 2001 in December, only coronal international is wholy-owned only coronal science and technology (Shenzhen) t motogp xbox 2013 he Chinese brand that the company applied for to register two Ipad early or late again (register date to be 1590557 with 1682310) . In national industry via the reporter commercial firm politics manages network of brand of China of bureau of total bureau brand (Http://sbj.saic.gov.cn/sbcx/) inquiry, two brand all belong to above only coronal science and technology (Shenzhen) company.



As the whole world the 4th big monitor produces business, only coronal international Ceng Yu 2001 the Ipad computer oneself (I-PAD) is pushed to the market, the product that its product and American apple company enter town after 8 years is basic and same, and malic company sells Ipad computer to was not obtained in Chinese market only the accredit of coronal international.



Recently, a company condition of American that the name is Mirror Worlds LLC accu ata pci card ses malic company to violate this company patent, requirement apple company pays the compensation that is as high as 625.5 million dollar, in Si Taile of Dong Deke Sa the jury of local court is opposite in the adjudication of this case, the opinion of jury is helpful for company of Mirror Worlds LLC, final court adjudicates malic company the best selling ata pci needs to pay this damage to use.



Almost meanwhile, standing conference will decide the State Council on October 19, from October 2010 the bottom begins, the blow that begins half an year of by a definite date in the whole nation is encroached intellectual property and make carry out fake commodity is special the action. Hu Xiaoke of associate professor of courtyard of law of university of central finance and economics thinks, father in this in the move that makes conduct of intellectual property tort, should punish severely any baleful tort behavior, give just be compensated for reasonably by tort.



To this, with gentleman poineering management seeks advice from Li Su of president of limited company company to think, malic company fries the Ipad that sells brand tort greatly to hold computer in Chinese heat, encroached only coronal science and technology (Shenzhen) the trade mark right of the Ipad computer that the company registered 2001. "The tort behavior that malic company should grab bright pilfer by force for this pays the compensation of one billion four hundred and ten million and sixty-five thousand four hundred and eight yuan of RMBs the money. dog crates large



As we have learned, malic company began to plan to roll out the discovery when IPad 2006, international of Gui Weiguan of IPad trade mark right is all, then with cancel unused need not for brand, sue in England only coronal international, dan Weiguan wins lawsuit of this trade mark right finally. Later, the apple is passed with only connection of coronal Taipei company, bought IPad abroad trade mark right with the price of 35 thousand pound, company of Dan Ping fruit did not acquire the trade mark right that Ipad is in China.



Malic company must with only coronal international makes over a respect to undertake negotiating in Ipad trade mark right, but when the value of Ipad trade mark right around China evaluates fireworks, only coronal company because crisis of occurrence debt of global banking crisis.



Just about only the state with coronal uptodate international gave malic company an opportunity that can be exploited to sbs advantage, malic company is in Shenzhen intermediate court is sued first only coronal international tort, and after Shenzhen quadrangle put on record, malic company applies for ter usb harddrive enclosure best buy mless delay open a court session very quickly again. In lawsuit not below the circumstance of fruit, ipad was rolled out to hold computer to appear on the market p motogp xbox game play ublicly in most popular selling usb harddrive enclosure China sale. Basis " trademark motogp xbox wiki law of People's Republic of China " the 6th, "National regulation must use the commodity of registered trade mark, must apply for brand to register, register without approve, must not sell in the market. " and fiftieth 2 regulations, "Without the trademark registrant's license, in same kind of goods is similar perhaps use on commodity rather registered trade mark is identical of approximate perhaps brand; The sale encroachs the commodity of trade mark right; The trade mark right that gives another person is caused other damage " , all belong to violate act of trade mark right.



Reporter immediately is called only chairman of bureau of coronal international trustee holds CEO Yang Rongshan concurrently. Yang Rongshan expresses, oneself already resigned the relevant post of the company, but cooperating creditor's rights actively to just undertake to the company asset recombines. To the tort behavior of malic company, will be in China together with company creditor to lodge a complaint, and to malic company before this from only the trade that the Ipad abroad trade mark rig usb harddrive enclosure for lap top ht that subsidiary of coronal international Taipei buys involves is con behavior, will appeal in the United States.

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