For months, lawyers representing Apple and bankrupt monitor vendor Proview have been trying to negotiate a way out of a high-stake trademark dispute which has been preventing the launch of the new iPad in the 1.33 billion people China market.
According to the latest update out from China’s official government newswire Xinhua, Apple has now put a dollar value on their settlement offer to Proview. Earlier Proview claimed an out-of-court settlement which Apple refuted. Later, a Chinese government official said that IPAD trademark belonged to Proview.
This showed that even if Apple won in court, Chinese Government would make a new law to give victory to Proview over Apple. Probably, this would have been the reason for Apple to accept the proposal for out-of-court settlement.
According to the state-owned Xinhua news service, “pragmatic progress” has been made in the dispute between the Shenzen-based maker of computer screens and LED lights and Apple over the use of iPad trademark.
Specifically, the two parties discussed a compensation package, with Apple tabling an undisclosed amount to which Proview has not agreed on yet.
A lawyer for Proview told the news gathering organization on Sunday:
We feel that the attitude of Apple Inc. has changed. Although they expressed that they were willing to negotiate, they have never taken any action before. But now, they are having conversations with us, and we have begun to consult on the case.
A cash payout from Apple would enable Proview to pay its debt back to creditors. Apple has already launched the third-generation iPad in 57 countries. However, it is not yet available in China over pending trademark suit.
Despite the legal mess, Apple can continue to sell iPads in Shanghai.
Another lawyer who knows about intellectual property rights cases told Xinhua that the possibility of Proview prevailing in court remains “very high”, but warned “it may take years to get the compensation”. Despite selling rights to Apple, Proview can still emerge as the victor in court battle because judiciary and government has been supporting Proview out of their perverted sense of nationalism (read jingoism).
Proview’s stance jives with their proclaimed willingness to settle the dispute as both parties recently entered a voluntary mediation procedure that should lead to negotiations over a possible settlement.
Tim Cook had met with Chinese politicians to talk patents, a few weeks later the government unexpectedly sided with Proview, insisting the company owns rights to the iPad trademark in China.
Should Apple lose its court fight with Proview (a possibility with 99% chances of coming true), it could face a big fine, followed by a country-wide ban on iPad sales in China.
Under the guidance of CEO Tim Cook, Apple has shown some willingness to negotiate.
Cook recently said he wasn’t fond of a “thermonuclear” option regarding Android patent infringement cases that had been pursued by late co-founder Steve Jobs. Instead, the new CEO would rather explore licensing options.
The company would reportedly settle for a royalty for of up to fifteen bucks per Android device sold.
Do you really think that the greedy Proview would let go of Apple that easily? Or will it try to extort more money, with the top-to-bottom corrupt Chinese government and judiciary on its side? How long can Apple fight against corrupt verdicts. Post your comments.
Source: iDownload Blog