China Updates- Technology

Internet - new provisions will come into effect on 15th March to outlaw unfair practices between website operators and to enhance protection for internet users.

In addition, and for the first time, personal data is/are defined in an attempt to introduce data protection and privacy in China. 'User's Personal Data' is defined as any data which is related to a user and is able to identify a user if used independently or in conjunction with other information (a relatively broad definition).

them from selling the trademark in Hong Kong. March 2012.

Apple/Proview dispute – Proview, a Shenzhen subsidiary of a Taiwanese company, applied for an injunction to prevent Apple from using the iPad trademark in China.

Not a mere squatting case, Proview and its parent had registered “iPad” as a Trademark n Taiwan and China long before the iPad was marketed by Apple.

Apple thought it had acquired the name from the entire group. A decision in December 2011 by the Shenzhen Intermediate People's Court went against Apple. The Court observed that, when acquiring rademarks, one should acquire them from the real owner(s). As a result of this ruling, which Apple is appealing, iPads were pulled from the shelves all over China.

However, the Shanghai Pudong New District Court has more recently refused an application by Proview for an injunction, whilst the Hong Kong courts, obviously applying common law rather than PRC law, granted an injunction against Proview and its former owner to prevent them from selling the trademark in Hong Kong.

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