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China / Cover Story

Apple and Proview court controversy

By Wu Yiyao and Tang Yue (China Daily) Updated: 2012-02-23 09:33

Changing attitudes

Chinese enterprises have also faced trademark wrangles in overseas markets.

Lenovo, the world's second-largest PC maker, originally used the name Legend abroad. However, it changed the name in 2004 due to a conflict with trademarks registered in Western countries.

Likewise, Hisense Group ran into difficulties in 2000 when it attempted to enter the German market. The name Hisense, it discovered, had already been registered in the country by a Siemens-Bosch joint venture.

The white-goods manufacturer made an initial offer to buy the trademark from its competitor but balked at the asking price, reported to be in the region of 40 million euros ($52 million).

Five years and several court hearings later the companies reached an out-of-court agreement in which Hisense paid an undisclosed amount to use the name in Europe.

"In the age of multinationals, it's not unusual to see such cases around the world, especially those related to China," said intellectual property expert Feng Xiaoqing at the China University of Political Science and Law.

"Chinese companies have just started the globalization process and some are still learning to defend their interest," he said. "Meanwhile, China is a booming market and has attracted companies from around the globe. That naturally increases disputes."

Liu at Renmin University added that at the root of the problem is the ideology of the planned economy.

"Some Chinese people are still after a free ride and haven't learned to respect the property of others, especially when it comes to intangible property like trademarks," he said.

"It takes a long time to revise and implement a law; it may take longer to change people's attitudes."

Contact the reporters at tangyue@chinadaily.com.cn or wuyiyao@chinadaily.com.cn

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