3 ms·

The article's pretty clear. Proview registered the iPad trademark in 2001, Apple licensed it for use outside of China in 2009, but then went on to use the trad

The article's pretty clear. Proview registered the iPad trademark in 2001, Apple licensed it for use outside of China in 2009, but then went on to use the trademark in mainland China without signing a licensing agreement. That's copyright infringement, plain and simple.

ugh 15y ago
That sounds a lot like trademark infringement, not copyright infringement.
- redthrowaway 15y ago
  I'm far from an expert in Chinese law, but I could see the two being reasonably treated as equivalent.
  - dctoedt 15y ago
    Trademarks and copyrights aren't equivalent. I'm not licensed to practice in China, but from everything I've ever read, Chinese law [1] isn't so different (at this level) from that of other countries. TRADEMARKS: Generally speaking, a trademark is something that signifies or evokes a product provided, sponsored, or endorsed by a particular source. TRADEMARK EXAMPLES: * Word marks such as Apple and iPad; * Logos such as the apple logo; * Sounds such as the "Intel inside" sequence of notes; * Colors, even (sometimes) such as pink for Owens-Corning-brand attic insulation. (Trademarks are for products; service marks serve the same function for services.) In a sense, the "owner" of a trademark is really just its government-appointed custodian or guardian. (It's sort of like the old joke: Dogs have masters, cats have staff.) When a trademark owner enforces its rights against an infringer, what the owner is really doing is performing a public service, namely keeping the market free of marks that would be likely to confuse the public. COPYRIGHT: In contrast, copyright applies to original works of "authorship," regardless whether associated with a product or service. [1] http://en.wikipedia.org/wiki/Intellectual_property_in_the_Peoples_Republic_of_China#National_legal_framework http://en.wikipedia.org/wiki/Intellectual_property_in_the_Pe...
    - PakG1 15y ago
      Further analysis seems to say that this was indeed a poor translation. It's a trademark case, not a copyright case. ugh was on the mark.

ugh 15y ago

That sounds a lot like trademark infringement, not copyright infringement.

redthrowaway 15y ago
I'm far from an expert in Chinese law, but I could see the two being reasonably treated as equivalent.
- dctoedt 15y ago
  Trademarks and copyrights aren't equivalent. I'm not licensed to practice in China, but from everything I've ever read, Chinese law [1] isn't so different (at this level) from that of other countries. TRADEMARKS: Generally speaking, a trademark is something that signifies or evokes a product provided, sponsored, or endorsed by a particular source. TRADEMARK EXAMPLES: * Word marks such as Apple and iPad; * Logos such as the apple logo; * Sounds such as the "Intel inside" sequence of notes; * Colors, even (sometimes) such as pink for Owens-Corning-brand attic insulation. (Trademarks are for products; service marks serve the same function for services.) In a sense, the "owner" of a trademark is really just its government-appointed custodian or guardian. (It's sort of like the old joke: Dogs have masters, cats have staff.) When a trademark owner enforces its rights against an infringer, what the owner is really doing is performing a public service, namely keeping the market free of marks that would be likely to confuse the public. COPYRIGHT: In contrast, copyright applies to original works of "authorship," regardless whether associated with a product or service. [1] http://en.wikipedia.org/wiki/Intellectual_property_in_the_Peoples_Republic_of_China#National_legal_framework http://en.wikipedia.org/wiki/Intellectual_property_in_the_Pe...
  - PakG1 15y ago
    Further analysis seems to say that this was indeed a poor translation. It's a trademark case, not a copyright case. ugh was on the mark.