iPod First the mini copy, now the Ipod Mp4

[law guy]

Saw this on CNET's Buzz report today re the iPod copy that's even named "Ipod MP4" and has a click wheel.

I suppose being in China the manufacturer may not understand intellectual property rights.

Here's a web story link: http://portablevideo.engadget.com/entry/1234000817047634/

 

[mac 2005]

I think a number of companies in that part of the world don't "understand intellectual property rights."

 

[runninmac]

Thats really dumb. They can't even name it right its iPod not Ipod (pet pevee). Then they are all going to get shut down (hopefully) by apple.

 

[BrianKonarsMac]

i like the style of it personally. and i bet it's Ipod and not iPod, to avoid a COMPLETE infringement on the name (although I doubt any judge would excuse it). so they copied the iPod's ummm...shape? and added features to it and changed the look, i don't see what is wrong other than the name.

at least it's not an EXACT replica like the superShuffle.

 

[dotdotdot]

i like the style of it personally. and i bet it's Ipod and not iPod, to avoid a COMPLETE infringement on the name (although I doubt any judge would excuse it). so they copied the iPod's ummm...shape? and added features to it and changed the look, i don't see what is wrong other than the name.

at least it's not an EXACT replica like the superShuffle.

You mean the Super Tangent?

 

[kgarner]

I think a number of companies in that part of the world don't "understand intellectual property rights."

Intellectual property only applies in countries where you hold patents. If Apple didn't apply for patents in that country than there isn't much they can do. If they try to sell it in America or another country where Apple recieved a patent, then they can go after them. Patents are not international.

 

[law guy]

A little help with International IP

Intellectual property only applies in countries where you hold patents. If Apple didn't apply for patents in that country than there isn't much they can do. If they try to sell it in America or another country where Apple recieved a patent, then they can go after them. Patents are not international.

Not so - there are other types of IP aside from Patents - in the US: Copyrights, Trademarks or service marks. In addition - international agreements provide PATENT protection, especially the Patent Cooperation Treaty, of which China is a signatory:

"Several international agreements on patent protection exist. For substantive issues, the most important are the Paris Convention for the Protection of Industrial Property (1883) and the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (1994), while the main patent treaty for procedural issues is the Patent Cooperation Treaty (1970)."

Here's a primer: http://www.iccwbo.org/home/intellectual_property/presentation/wwh.asp

At issue here are a few elements: The iPod design / function - protected by patent. The iPod name, protected by copyright. There are international agreements for both patents and copyrights.

EDIT: some additional China-specific information: "On September 15, 1993, the Chinese government submitted its instrument of accession to the Patent Cooperation Treaty to the World Intellectual Property Organization, becoming a member state as of January 1, 1994. The Patent Office of China is China's agency dealing with cases involving the Patent Cooperation Treaty, performing international patent searches and preliminary examinations." http://english.peopledaily.com.cn/whitepaper/9(1).html

Now - enforcement issues in China are another matter.

 

[javiercr]

Thats really dumb. They can't even name it right its iPod not Ipod (pet pevee). Then they are all going to get shut down (hopefully) by apple.

That would be 'Apple' not 'apple'

I think hopefully taken down by the Chinese goverment, would say a lot about China going in the right direction.

 

[cleanup]

Apple sells products in China. Why wouldn't they have a patent for 'em?

 

[kgarner]

Not so - there are other types of IP aside from Patents - in the US: Copyrights, Trademarks or service marks. In addition - international agreements provide PATENT protection, especially the Patent Cooperation Treaty, of which China is a signatory:

"Several international agreements on patent protection exist. For substantive issues, the most important are the Paris Convention for the Protection of Industrial Property (1883) and the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (1994), while the main patent treaty for procedural issues is the Patent Cooperation Treaty (1970)."

Here's a primer: http://www.iccwbo.org/home/intellectual_property/presentation/wwh.asp

At issue here are a few elements: The iPod design / function - protected by patent. The iPod name, protected by copyright. There are international agreements for both patents and copyrights.

EDIT: some additional China-specific information: "On September 15, 1993, the Chinese government submitted its instrument of accession to the Patent Cooperation Treaty to the World Intellectual Property Organization, becoming a member state as of January 1, 1994. The Patent Office of China is China's agency dealing with cases involving the Patent Cooperation Treaty, performing international patent searches and preliminary examinations." http://english.peopledaily.com.cn/whitepaper/9(1).html

Now - enforcement issues in China are another matter.

True, there are agreements that alow these types of intellectual property to be protected, but like you said enforcement is another thing. And really my main point still stands. Apple will only be able to block manufacture and sale in countries that actually enforce these treaties and agreements.

 

[mkrishnan]

i like the style of it personally.

Actually, I think it's better looking than almost any non-iPod music player. It doesn't look that much to me like an iPod. Well, Sony has one with an aluminum shell anodized pink that's kinda cute.... Dell or iRiver or one of the others should hire whoever designed this.

Meh, I don't know enough about Chinese IP law to make a comment on that aspect of the score. But China *is* complying more and more with international IP standards, by virtue of its WTO membership. I think these are just small companies that are able to get away with this kind of thing for a while, until someone notices them. It happens in the US too. And there was a Korean full-size iPod knock-off that was much more blatant in design (but not in name) about a year ago. Which, AFAIK, is no longer being advertised.