Have you ever seen a new phone and thought, “gee, that looks very similar to this other phone I’ve seen”?
Brand image and product differentiation is usually make or break for any company. A company often invests vast amounts of money and time into developing the perfect product design that is easily recognisable and identifiable. Companies will protect their design through Patents.
The definition of a Patent from Intellectual Property Australia is:
“A right that is granted for any device, substance, method or process that is new, inventive and useful. A patent is a legally enforceable right to commercially exploit the invention for the life of the patent.”
Smartphones nowadays are becoming increasingly complex and advanced, which means that the designs and technology behind them also become invaluable. However, whilst they are becoming more advanced, they are also becoming very similar. This means that companies need to differentiate their models from competitors.
A Chinese Firm named Baili, recently commenced proceedings in China against tech-giant, Apple. Baili claimed that Apple's iPhone 6 and 6 Plus were incredibly similar to products released by their parent company. Baili argued that the exterior design of the iPhones was a copy of their smartphone, dubbed the Baili 100C.
However, Beijing's Intellectual Property Court held that Apple did not infringe upon Baili’s patent. The court noted that the iPhone had "enough features to distinguish it" from the 100C. The Court noted that similarities between the handsets would not fool consumers.
This decision means that Apple's sales ban in China has been lifted and the Tech Giant can begin to look at cracking the smartphone market in China again.
If you have a patent that you believe has been infringed, require advice on intellectual property or would like to know more about this issue, please do not hesitate to contact us on 02 8917 8700 or fill out the enquiry box and we will get back to you ASAP!