Germany's initial ban on Samsung highlights intellectual property chaos

Source: Internet
Author: User
Keywords Ban intellectual property
Lead: Foreign media wrote today that the German court's initial ban on the Samsung Galaxy Tab 10.1 tablet computer has not only cemented Apple's dominance in the tablet market, but also highlighted the turmoil in the Intellectual property war.  The following is the full text of the article: the effect of Apple's success in delaying sales of its biggest competitor, Samsung, in Europe, has not only cemented Apple's dominance in the global tablet market, but also highlighted the turmoil in the intellectual property sector.  The Silicon Valley technology giant won a preliminary injunction in the German court of Dusseldorf in Tuesday to ban Samsung from selling its Galaxy Tab 10.1 tablet in all EU countries except the Netherlands. "This obviously temporarily affects the Galaxy Tab sales. Adam Richie Adam Leach, chief analyst at Ovum, the UK market research firm.  Although Apple currently occupies 90% per cent of the global tablet market, Ovum expects that products using the Android operating system will be equal to the ipad's share by 2016.  In this case, Apple advocates Samsung Galaxy tab to copy the ipad's "Design Power", which is the shape, user interface and even outer packaging.  Samsung and Apple have also launched similar lawsuits in the US, South Korea and Japan. Samsung said Apple had just filed a ban on the court last week and the court did not give Samsung a chance to defend it by issuing a ban.  The company said it would file an appeal. Potential risk lawyers argue that such an application for an injunction against a continent early in the case is less unusual and poses some risks.  If Samsung wins the lawsuit eventually, it could force Apple to pay its advertising fees and sales losses. "This approach to the European ban will spark widespread concern. This will exacerbate the struggle in this area and will attract a lot of attention.  "Cleary Gottlieb analyst Thomas Gees Dal, a law firm, said. The ruling is based on EU law, not German law. Apple claimed that the ipad's "design rights" were violated, and that these rights were applied in the European Union and should be protected throughout the EU region.  This means that any court-issued ban will apply to the entire EU region.  Such bans have been rare in the past, but lawyers say protecting design rights across the EU is much simpler than protecting patents. Samsung could write a written statement against the ban in a 2-4-week period. In addition, the ban will be held in public hearings, the court will normally be within two months to decide.  If the ban cannot be successfully lifted, Samsung will also have the right to appeal to a higher court. Settlement proposal but a person familiar with the matter said Samsung had proposed to Apple in Wednesday to reconcile an unresolved lawsuit with The Hague. This suggests that Apple is on the upper hand for the time being. People close to the situation said Samsung was interested in negotiating with Apple to avoid the Galaxy Tab 10.1 faces the same ban in the Netherlands.  The product is now listed in parts of North America and Asia. An Apple spokeswoman said the company was more inclined to continue to push the lawsuit forward.  The Dutch judge has yet to make a ruling. Apple also filed a similar lawsuit in Australia accusing Samsung of violating several of its patents.  In the lawsuit, Samsung agreed to submit a new version of its products for Apple's inspection before it sold its Galaxy Tab 10.1. "Samsung is disappointed with the court decision, and we want to continue our legal process in Germany to defend our intellectual property rights," he said. We will also continue to actively defend these rights globally. A Samsung spokesman said in a statement. (PEI)
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