IPad recently for trademark disputes in China

IPad recently for trademark disputes in China more than underground frame, part of the electricity traders will also iPad issue a processing, this is because apple has always been ignored the Chinese market, neglecting to China's intellectual property rights law, making the bitter end. But I think that, even if the iPad made by the trademark case apple eventually fail, apple should not face huge fines and tort compensation.

Although the implementing rules of the trademark law of the provisions of article 52: "for the exclusive use of a registered trademark infringement behavior, fines for 3 times the illegal operational proceeds; illegal operational proceeds can not calculate the, fines for 100000 yuan the following," if applicable this ordinance, seems to iPad in mainland China billions of sales, a fine may also have tens of billions of, but according to the administrative punishment law article 4: "creation and imposition of administrative penalty shall be based on facts, and illegal actions the facts, nature, circumstances and social harm degree quite", that is, the administrative law on the so-called "had sent a" principle.

Apple is and shenzhen parent company to crown the sign trademark assignment contract, the mistake has been legally acquired iPad trademark ownership, this and deliberately infringement trademark rights behavior is different, in addition, iPad flourishing sells because its outstanding product intrinsic quality, and trademark relationship is not large, how much more is not offering the same period only crown tablet computer, for developing the champions league loss caused by almost negligible, this and usually trademark infringement of free-ride is different, apple apparently illegal facts is not serious, the social harmful consequences is not great, so can't simply by three times the turnover impose a fine.

Besides tort compensation, on the basis of the trademark law article 56: "for trademark infringement of the exclusive right amount of compensation for infringement in tort during the tort benefit from, or the infringed party in because the infringement during the infringement by losses, including is tort infringement for the reasonable expenses of the. As mentioned in the preceding paragraph for infringing the infringer interests, or the infringed party for all losses sustained by tort is hard to determine, the people's court according to the circumstances of the act of infringement decision give five hundred thousand yuan of the following compensation.

For the trademark law itself is rigorous, also accord with the general rules of civil law and the legal tort liability law, if is directly words, apple should not face huge compensation, because we all know iPad sales because its outstanding product intrinsic quality, to its trademark relationship is not big, that is apple for trademark infringement benefit from not quite, and iPad sales is actually nothing huge relationship, but the problem is "on the trial of foreign trademark civil disputes over applicable law the explanation of some issues" article 13: "trademark law of the people's court according to the provisions of the first paragraph of article 56 of the liability to pay compensation to determine the infringer, can choose according to the right holder, the calculation method of calculating the compensation", article 14: "trademark law in paragraph 1 of article 56 of tort benefit from, and may, according to the infringing goods sales and the goods from the calculation;

 the product of unit profits commodity units cannot be ascertained in accordance with the profits, a registered trademark of commodity units profit calculation", article 15: "trademark law in the first paragraph of article 56 for the infringement of the damage from the right holder for infringement, can according to caused by the commodity sale decrease or tort merchandise sales and the registered trademark of the commodity units profits calculated product".