The battle between Apple and Samsung seems unending. The U.S. International Trade Commission (ITC) has now once again stepped into the prior ruling. The ITC will review the judgment that ruled that Apple did not intrude on four specific patents of Samsung and issue a final verdict on the case in January 2013. ITC has a name for interfering in matters of patent infringements and often issues temporary or even permanent bans. Its bad news for Apple lovers that in case ITC rules in favor of Samsung, the chances are very high that certain Apple items would face import bans in U.S. Technological companies have increasingly turned to the ITC for their dispute settlement in recent years. It acts as an additional remedy available along with civil lawsuits. Companies file a suit in ITC parallelly with their respective civil suits.
This is the age of technology. We have thousands of manufacturers flooding the economy. Technology is no more the rich man’s trophy, but now it’s an essential in every household. In such a situation no doubt there will be a cut throat competition among the manufacturers. It is therefore the need of the day that the International laws regarding patents, copyright and unfair trade practices must be reviewed. If the manufacturer is unable to protect his innovation, then what would be his motivation to invent? Maitreya Sinha, a First year IIT Kanpur student, when interviewed said that “Apple has always been an innovator…Steve Jobs thought beyond box and fearlessly took risk”. The international patent treatise has made things simpler but a lot is yet to be done.
The global patent system is messed and tangled mesh of lawsuits and Apple seems to have got stuck into this. Apple has been in conflict with HTC, Motorola and now Samsung. Even though Apple has come to peace with the rest but its conflict with Samsung is far from settling. What the innovators from both the tech giants are failing to understand is that there is no winner in this war. Despite the fact that which ends win, the customers do suffer. If Apple wins and is successful in banning Samsung products or vice versa, the consumers loose one best option. And what about those who already have bought a banned product? Also, not everybody can afford an Apple product and Samsung provided them with a good alternative.
Apple and Samsung should give up their manufacturing egos and enter a matured settlement. In this tech era, its not possible to judge the grey areas of patent rights. If these manufacturing giants invoke ITC for settlement, the overall result will not be good…rather they should design a mutual conciliation which will benefit both. The competitive android and Smartphone market is vivid and dazzling…. we consumers, would not want to lose it over some fight.
Article By Aritra Sinha