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Chinese firm called Burley claims Apple copied its design for iPhone 6 and 6 Plus

After the iTunes Movies and iBooks Store ban back in April, the previous generation of iPhones have recently been accused of infringing the design patent of some random Chinese company's "100C" smartphone under the "100+" brand. Don't laugh, because the Beijing Intellectual Property Office has since ordered Apple to stop selling its iPhone 6 and iPhone 6 Plus in Beijing, with the reason being the general consumers won't be able to tell the "minute differences" between Apple's design and the 100C. No, really.

Previously, a company called Burley to Beijing Intellectual Property Office, the company is the patent number ZL201430009113.9, the name "mobile phone (100C)" design patent of the patentee. The company believes that the complex company affiliated stores offering for sale and sale of two mobile phones iPhone6 ​​and iPhone6 ​​Plus design violated the rights enjoyed by its own request Beijing Intellectual Property Bureau ordered Apple and multiplexing companies to stop offering for sale and above sales practices.

May 10 this year, according to the Beijing Municipal Intellectual Property Office, "after the patent administrative enforcement measures" the case and render a "patent infringement dispute settlement decision. 

Burley/Li Bais 100+  100C from TENNA

Beijing Intellectual Property Office that, after comparison, Apple's iPhone6 ​​iPhone6 ​​Plus and two phones with Li Bai's "mobile phone (100C)" Although there are a number of differences, but belong to the average consumer is difficult to notice small difference, it should be recognized no significant difference between the two, involved falling within the scope of patent protection.

  Accordingly, the Beijing Intellectual Property Office under the provisions of "People's Republic of China Patent Law" Article 60, that "...... unwilling to consult or the consultation fails, the patentee or interested party may bring a suit before a people's court to be requesting the administrative authority for patent affairs processing patent administrative department ...... the infringement established, it may order the infringer to immediately stop the infringement ...... "decision, and ordered Apple to stop selling the company to stop complex offering for sale and sale infringing products.

Of course, Apple and its distribution partner aren't having any of this, so they have initiated an administrative litigation to reverse the ban. But given Apple's previous failed attempt in China, they're going to need a lot of luck to win this fight.

In addition, due to the current Beijing Intellectual Property Court trial of the case is the first instance procedure, if the losing party may continue to appeal, so the Beijing Intellectual Property Court verdict, does not necessarily lead to the allegedly infringing Apple's two phones banned in Beijing legal consequences. The iPhone 6 and 6 Plus continue to be sold in China currently, pending the outcome of the administrative action filed by Apple.

Source: Beijing Morning Post, TENAA (for the image)

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