Apple iPhone6 ​​infringement prohibition order is useless, implemented two years later?

June 30, 2021

A paper on the "paper infringement dispute handling decision" on Apple's mobile phone recently smashed the circle of friends. According to the relevant announcement information, the Beijing Municipal Intellectual Property Office ordered Apple to stop selling the iPhone 6/6Plus models in the “Decision Book”. This is the lawsuit against the use of the name of the iPad ten years ago. In recent years, after the small i robot v. Siri patent lawsuit, Apple once again fell into infringement in China. Apple has filed an administrative lawsuit with the Beijing Intellectual Property Office. Apple said in an incident related to the Beijing Youth Daily yesterday that "all of them include iPhone 6, iPhone 6Plus, iPhone 6s, iPhone 6s Plus and iPhone SE. The models are all sold in the Chinese market. We filed an administrative lawsuit against the patent infringement decision made by the Beijing Intellectual Property Court last month and are still awaiting further trial by the Beijing Intellectual Property Court. The Apple defendant infringed on the appearance of the mobile phone 100c. Patent, the patent holder is Shenzhen Kenli Marketing Service Company. As of press time, Beijing Youth Daily reporters log on Apple's official website in China and see that the iPhone products currently available include iPhone6s, iPhone6 ​​and iPhoneSE. The iPhone6 ​​and 6plus product introductions and purchase links, and the “Add to Shopping Bags” order page can be used. normal display. The final result is to wait for the judicial process to further rule that the legal counsel of the China Internet Association Credit Evaluation Center, the Internet and intellectual property lawyer Zhao Zhan told Beiqing Daily that the relevant judgment notice issued by the Intellectual Property Office is the administrative action of the administrative organ. According to the law, For similar administrative rulings, an administrative lawsuit can be filed within 15 days of dissatisfaction. In the case of administrative litigation related to patent infringement, it is expected that the trial time will be relatively long and there is no certain time standard. Zhao Occupation believes that its time is at least half a year, and the first two trials and two trials together may be expected to reach more than one year or even two years. The final outcome of the case is still awaiting further rulings in the judicial process. Zhao Occupation analysis pointed out that if the court found that Apple products constitute infringement, Apple's related products will face a ban. Experts: Patent ownership has no necessary connection with the size of the company Communication expert Xiang Ligang believes that each enterprise may form a patent in its own field, and the ownership of the patent does not necessarily correspond to the size of the company. "The subtlety of the appearance patent is that it is not a high level of technology, and there must be a patent for appearance." Xiang Ligang pointed out that large enterprises are doing very well, but without application, there is no patent, and small enterprises apply. There are patents. It is an objective fact that Philip applied for a patent and obtained a patent. Xiang Ligang believes that some netizens believe that it is biased that large companies are likely to have patents. The final ruling result of this case should be made by relevant professionals in accordance with laws, regulations and patent applications. Other judgments that are not combined with professional judgment are of no value. For Apple, he believes that Apple has always maintained a strict secrecy tradition of not disclosing product details in advance before the official release, but perhaps because of this, missed the opportunity to submit product patents as early as possible, and this infringement dispute should also reflect on its own The continuation of the traditional approach to adjust its release mechanism. Text / reporter Ren Xiaoyuan

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