THE LEGAL battle in China over the iPad trademark appears to be drawing to a close, but there is a good chance things may not go Apple’s way after a top copyright official sided with a Chinese firm in the case.
Proview Technology, based in the southern city of Shenzhen, has been locked in a legal wrangle with Apple over ownership of the Chinese rights to the iPad trademark, which both claim as their own. Apple says it bought the worldwide rights to the iPad name from Proview in 2009 and insists it is operating entirely legally.
But Proview sued, saying the deal did not cover use of the name in mainland China. The case was heard in February in the Higher Peoples Court in Guangzhou, and a ruling has not yet been issued.
“Currently, Shenzhen Proview is still the legitimate registered owner of the iPad trademark,” Fu Shuangjian, who is deputy head of the State Administration for Industry and Commerce, told a news conference.
His organisation deals with intellectual property issues and he said that under Chinese law, the transfer of a trademark must be approved by the trademark office. His comments imply that this office has not given its approval.
“Due to the huge impact of this case, the court’s final ruling will directly affect ownership of the iPad trademark and industrial and commerce departments will take the matter very seriously,” Mr Fu said.
If the Shenzhen-based Proview succeeds, it would be a major blow to the Californian company, as all of its worldwide supplies of iPads are manufactured in the country, and it could possibly lead to serious shortages of iPads around the world. It would also be a major blow for the company in what is Apple’s fastest-growing market.
The row over who owns the name iPad on the mainland is another example of how thorny copyright and trademark issues are in China, which is rife with piracy but also learning when it comes to beating international firms at their own game in terms of intellectual property rights.
