Op-Ed Commentary: Chris Devonshire-Ellis
Mar. 12 – Much media attention and legal opinion has been directed towards the on-going Apple vs. Proview iPad trademark case in China, with special mention for the extensive and detailed coverage provided by Stan Abrams on his China Hearsay blog. Stan is based in Beijing and is an IP lawyer.
One aspect that has been missing from the debate concerning the case is the position of the Chinese government. This is a significant omission, not least because the Chinese judiciary is not independent of the government. Judges are appointed with their political affiliation being counted as the most important item on their list of credentials. This leaning towards the political nuances of China’s ruling Communist Party is placed at a higher premium than any actual legal expertise. This means that in effect, party policy overrules the existing rule of law, on the basis that as the government makes the laws, it can also interpret them as it wishes. Continue reading