Xintong Tiandi Technology Vs Apple Case Study
The issue of the trademark has been a constant fear for successful companies looking to expand overseas. In places such as China, registering your company trademark before operating in the market is a necessity if the company wants to avoid future disagreement regarding malicious registration of a trademark.
Xintong Tiandi Technology Vs Apple
Xintong Tiandi Technology is a company based in Beijing. They specialized in leather products ranging from handbags to passport cases with the name “IPHONE” on them.
The war between Apple and Xintong technology started when Apple found out that another company was using their trademark name “IPHONE” for their own gain, Apple decided to take the …show more content…
Especially since joining the World Trade Organization in 2001, China has strengthened its legal framework.
In China, the legal framework for IP protection is built on three national laws passed by the National People's Congress: the Patent Law, the Trademark Law and the Copyright Law.
Different from other countries, China applies the first-to-file system on patents, which means that those who file first get the patent, even if they are not the original inventors. This emphasizes how important it is to start the patent registration as soon as possible.
The patent applications are conduct in Chinese, so the documents (if originally non-Chinese) must undergo a precise translation by an expert to secure the completeness of all relevant points. Also, foreign companies who don’t have a registered office in China must use the help of a local patent agency, which is legally based in China. Furthermore, a patent attorney for filing the patent is needed. The administrative authority responsible for patents is the State Intellectual Property Office (SIPO). The SIPO is also responsible for IPR issues in …show more content…
However, a registration of copyright could help in case of difficulties or conflicts with other parties for proving the ownership. Protection to persons from the countries belonging to copyright international conventions and agreements of which China is a part is secured. Thus, many decide to register voluntarily at the National Copyright Administration (NCA) just to be safe in case of trials. The period for copyright protection is divided into two possibilities. Depending on the type of the subject, the copyright period is either the life of the author plus 50 years more or, in the case of film, photographs and television 50 years after the first publication. It is highly recommended to seek professional advice as well, at lawyers, consultants or other experienced firms. Since China is a lot about networking, try to maintain good relationships with the local organizations that can help you. Consider also the fact that laws change frequently, so stay