Trademark and patent issues with chinese companies

[Texashiker]

Lets use this case as an example, and only as an example,

http://www.bbc.co.uk/news/technology-17026077

A Chinese company is to ask customs officials to block shipments of Apple's iPad both into and out of the country.

A company in china says it owns the name "ipad". This company is requesting the chinese government stop the import and export of all products that have the name ipad.

The keyword there is "export" - meaning apple ipads that were made in china and being exported to the rest of the world.

Think about the ramifications of this situation:

US company moves to china, develops new product.

Before US company can trademark/patient product, details are leaked to chinese owned company.

Chinese company gets down to patent / trademark office first, files paperwork.

US owned company is left with a somewhat worthless factory and product.

Think my example is a work of fiction? Read this before you answer - http://www.politico.com/news/stories/0911/64275.html

There are also some articles about the chinese government requiring US companies to hand over property rights before the company can start producing the product in china.

example - http://finance.senate.gov/newsroom/chairman/release/?id=88a00c68-7ca3-4068-8054-2ab8699fd9be

What is to stop the chinese government from reverse engineering the product, then handing the details over to a chinese company?

 

[jstern01]

Okay, so?

 

[dank69]

A company that outsources US jobs to China deserves to have their IP stolen.

 

[PeshakJang]

The good news is, that when the day finally comes that we stop moving everything to china, their society will collapse due to the fact that they lack the ability to innovate new products. They depend on theft to sustain their economic base.

We'll just have to wait until we have a president that cares.

 

[jstern01]

The good news is, that when the day finally comes that we stop moving everything to china, their society will collapse due to the fact that they lack the ability to innovate new products. They depend on theft to sustain their economic base.

We'll just have to wait until we have a president that cares.

No we have to have a gov't that cares. Sending jobs overseas has been an ongoing effort by the Federal government since the 1980's.

 

[Texashiker]

The good news is, that when the day finally comes that we stop moving everything to china, their society will collapse due to the fact that they lack the ability to innovate new products.

Chinese students have been flocking to US colleges for several years now.

http://www.usatoday.com/news/education/2009-12-08-1Achinesestudents08_CV_N.htm

Look at the chart in the left hand column of that article. The number of chinese undergraduate students went up 2.5X in just 2 years.

Chinese students are educated in the US, then go back to china to help develop new products.

 

[senseamp]

US demanded these laws to stop trademark infringing products being exported out of China
Now a Chinese company that owns the ipad trademark (which it got in 2000, long before ipad) in China is using these laws as written.
Be careful what you wish for, you might just get it.

 

[Anarchist420]

Chinese students have been flocking to US colleges for several years now.

http://www.usatoday.com/news/education/2009-12-08-1Achinesestudents08_CV_N.htm

Look at the chart in the left hand column of that article. The number of chinese undergraduate students went up 2.5X in just 2 years.

Chinese students are educated in the US, then go back to china to help develop new products.

Ideas can't be stolen so why do you care?

If Americans were so damn creative, then they'd vote for reps who would reinstate the Articles of Confederation.

 

[Dari]

This is not really a Chinese company. It's a Taiwanese company.

 

[1prophet]

A company that outsources US jobs to China deserves to have their IP stolen.

This times 1000

American corporations whored themselves out for quick and easy profits by trying to exploit cheap labor and lack of regulations,

then turned around and sold this to naive Americans as cheaper prices and better returns for those that invested in these corporations,

meanwhile the Chinese have successfully taken advantage of our corporate and political greed and stupidity, as a result they are now in a position to dictate the terms of business in their favor.

All I have to say to this is Boo Hoo, you are now reaping what you sowed.

 

[OutHouse]

If Americans were so damn creative, then they'd vote for reps who would reinstate the Articles of Confederation.

you really put the nut in nutjob dont you.

 

[Aikouka]

The iPad issue is actually a bit more interesting than you're letting on. The thing is... the company that is suing Apple actually sold the trademark for "Ipad" and "IPAD" (I believe those are the variations) to Apple a few years ago. The issue is that they didn't sell it directly to Apple but rather a shell company. Essentially, Apple used the shell company to avoid the owner from realizing that they could request a fat paycheck for their trademark.

The original owner doesn't like that they didn't do their homework, and now they're suing for the loss in revenue from selling their trademark at what would be considered an "undervalued amount."

 

[Texashiker]

The iPad issue is actually a bit more interesting than you're letting on.

I asked that the ipad topic only be an example.

 

[senseamp]

The iPad issue is actually a bit more interesting than you're letting on. The thing is... the company that is suing Apple actually sold the trademark for "Ipad" and "IPAD" (I believe those are the variations) to Apple a few years ago. The issue is that they didn't sell it directly to Apple but rather a shell company. Essentially, Apple used the shell company to avoid the owner from realizing that they could request a fat paycheck for their trademark.

The original owner doesn't like that they didn't do their homework, and now they're suing for the loss in revenue from selling their trademark at what would be considered an "undervalued amount."

Or maybe Apple didn't do its homework and bought the Taiwanese trademark, while Chinese was owned by a different subsidiary.

 

[Dari]

Or maybe Apple didn't do its homework and bought the Taiwanese trademark, while Chinese was owned by a different subsidiary.

It was done by the Chinese subsidiary...

 

[cubby1223]

I asked that the ipad topic only be an example.

Is there a problem making sure the example is accurate?


To work with China, you need to have strong inside connections to protect your product, your company. This has been well known of long before your ipad topic, of which you are not even characterizing it correctly.

 

[cwjerome]

Ideas can't be stolen so why do you care?

If Americans were so damn creative, then they'd vote for reps who would reinstate the Articles of Confederation.

Just go away.

 

[PokerGuy]

If you lie down with dogs, you get up with fleas. Any company who does business in / with China has to be very aware of the possible repercussions of dealing with an evil entity.

 

[MotF Bane]

A company that outsources US jobs to China deserves to have their IP stolen.

I find merit in this answer

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