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CIUR China Anti-Infringement and Anti-Counterfeit Innovation Strategic Alliance Statement on the (2018) Min 01 FICT 1208-1209 Order by Fuzhou Intermediate People’s Court in Fujian Province, the People’s Republic of China that shall be Enforced Effectively
来源:互联网  时间:2019-1-3

CIUR China Anti-Infringement and Anti-Counterfeit Innovation Strategic Alliance

Statement on the (2018) Min 01 FICT 1208-1209 Order by Fuzhou Intermediate People’s Court in Fujian Province, the People’s Republic of China that shall be Enforced Effectively

 

January 3, 2019

 

Qualcomm Incorporated (hereinafter referred to as Qualcomm) announced at its official website on December 10, 2018 that the Fuzhou Intermediate People’s Court in China has granted the Company’s request for two preliminary injunctions, ordering four Chinese subsidiaries of Apple Inc. to immediately cease the importation, sale and offers for sale in China of seven iPhone models including iPhone X from the date of the service of the order to the date of an effective judgment to be made in this case. CIUR (China Industry-University-Research Institute Collaboration Association) China Anti-Infringement and Anti-Counterfeit Innovation Strategic Alliance and Beijing Anti-Infringement and Anti-Counterfeit Alliance (hereinafter referred to as the “Alliance”) hereby proclaim that these orders were effective upon service on Apple’s subsidiaries in accordance with the Chinese law, notwithstanding any requests for reconsideration, and Apple’s subsidiaries shall perform these orders immediately.


China, the world’s second largest economy, has a huge market. In intellectual property (IP) protection, China’s attitude is always unequivocal and firm, i.e. equally protecting Chinese and foreign companies without discrimination. International companies can gain good returns from their investments in China, and their intellectual properties are also protected adequately and equally. No matter what country it comes from, any intellectual property right (IPR) holder that files a lawsuit in China can expect fair judgment.


To drive IP protection in China, the Alliance has been committed to developing itself into a global non-government organization (NGO) with Internet IP protection at the core since its foundation. Through a close-collaboration mechanism with multi-party participation, the Alliance has built a set of effective, integrated, social-governance protection systems, formed a comprehensive protection mode that effectively fights against IPR infringement and counterfeiting, realized win-win results and become an important part in effectively orchestrating IP protection among parties concerned.


For the injunctions in the Qualcomm vs. Apple case that has nowadays come into focus, the Intellectual Property Protection Research Institute of the Alliance brought together senior professionals of member entities, including Dentons, CORNER STONE & PARTNERS, Hengdu Law Firm and Guoxin Notary Office, in relevant fields on the afternoon of December 17, 2018, and discussed relevant specialized issues, such as legal nature and effect of these injunctions, feasibility study on enforcement, scope and limits of enforcement of this order, and specific enforcement issues.


Participants agreed that this order has come into effect and had rigid enforceability. According to Article 108 in the Civil Procedure Law of the People’s Republic of China, “the enforcement of the order shall not be suspended during the time of reconsideration”, the four Chinese subsidiaries of Apple Inc. shall immediately perform this order. These injunctions apply to all of the defendant’s relevant operating activities nationwide. For Apple Inc.’s act of refusing to perform this order during the time of reconsideration, the court shall take compulsory measures according to the Article 111 in the Civil Procedure Law, such as imposing a fine or detention, to force Apple Inc. to perform this order in accordance with the law. If Apple Inc. still refuses to perform this order, its act constitutes the crime of refusing to perform an effective judgment or order. Apple Inc. and its staff who are responsible for the crime shall be investigated for criminal responsibility, according to Article 313 in the Criminal Law of the People’s Republic of China. The organization shall be fined, and the person who is directly responsible for the crime shall be sentenced to fixed-term imprisonment of no more than three years or criminal detention or be fined, depending on the circumstances of the crime; if the circumstances are especially serious, the person shall be sentenced to fixed-term imprisonment of no less than three years, but no more than seven years.


As the relevant enforcement is not directed against any Apple phone user, consumers are not affected.


The Alliance has noticed that the four Chinese subsidiaries of Apple Inc. concerned have not performed this order and even refused to receive the written injunction order legally served by the court (only one subsidiary received the said document mailed by the court for the first time, and the remaining three subsidiaries received the said document on December 14, 2018 after it was re-mailed by the court). Such an act has attracted broad attention, sparked heated discussions and even evoked great indignation in China and abroad.


In this regard, the Alliance believes:


Apple Inc., which is one of the most world-renowned companies and has gained great benefits from the Chinese market, shall respect the effective order made by the Chinese court and consciously perform the order rather than defy and even trample the Chinese law by leveraging its super economic power and clout.


Hereby, we take seriously calls on Apple Inc. to faithfully perform this order to safeguard the sanctity of the Chinese law and the judicial authority of the Chinese court. This not only makes for developing the rule of law, but also matters to Apple Inc. in upholding its image among consumers in the world, especially in China. If Apple Inc. continues to ignore the effective order and refuse to perform this order, the Alliance will support Qualcomm to take corresponding legal actions and drive this order to be enforced effectively.



CIUR China Anti-Infringement and Anti-Counterfeit Innovation Strategic Alliance

Beijing Anti-Infringement and Anti-Counterfeit Alliance

      
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