State Administration: Proview (Shenzhen) still legal registrant of iPad trademark

Proview (Shenzhen) [唯冠科技(深圳)] still reserves the right to use the iPad trademark in China according to Chinese law, an official with the State Administration for Industry and Commerce (SAIC) said on Tuesday.

In accordance with the 39th clause of the Chinese Trademark Law, the assignee is entitled to the right of exclusive use of the trademark only after an assignment of a registered trademark has been approved by relevant authorities and been publicly announced, said Fu Shuangjian, deputy director general of the SAIC, at a press conference here.

“According to the above-mentioned stipulations, Proview (Shenzhen) is still the legal registrant of the iPad trademark,” Fu said.

Fu said the dispute between Apple Inc. and Proview (Shenzhen) over the use of the iPad trademark is under judicial procedure, and relevant administrations for industry and commerce will handle the case in accordance with law after the final adjudication is announced by the courts.

An ongoing trial launched by Proview (Shenzhen), a Shenzhen-based maker of computer screens and LED lights, against Apple has seen the two parties battle over which entity has the right to use the iPad trademark, which is commonly associated with the California-based technology giant’s popular tablet computer, on the Chinese mainland.

Also at the press conference, Yan Xiaohong, vice head of the National Copyright Administration (NCA), said that China hopes Apple will take measures to address pirated copies of Chinese literary works available on Apple’s App Store.

The App Store was accused of selling unlicensed copies of books in March, sparking protests from 22 famous Chinese writers.

Yan said that the claim has been justified through the first stage investigation conducted by the NCA.

According to copyright-related laws and regulations, Apple should remove those products in a timely manner or the company will assume legal liability if it fails to abide by Chinese law, Yan said.

Xinhua