backtop


Print 48 comment(s) - last by hexxthalion.. on Nov 24 at 1:11 PM


  (Source: wikipeers.com)
The European Commission is concerned that other firms could mimic Apple and Samsung's patent war and lead to the unfair use of intellectual property rights against rivals

Much of Apple and Samsung's 2011 has been spent duking it out over patents. Apple initially went after Samsung earlier this year and accused it of copying Apple's products when creating its Galaxy line of smartphones and tablets. Now, the European Commission is concerned that other firms could mimic Apple and Samsung's patent war and lead to the unfair use of intellectual property rights against rivals.

Throughout the year, Apple and Samsung have gone back and forth with patent issues. Apple claimed that Samsung created its Galaxy line such as the Galaxy Tab 10.1 by ripping off Apple's design. Apple succeeded in killing Samsung's Australian tablet sales, banned the Galaxy Tab 10.1 in Germany, and sought to ban Samsung's phones and Android tablets in Britain. But Samsung did some retaliating of its own by filing a 3G lawsuit against Apple in France, looking to ban iPhone 5 sales (back before it was revealed that the anticipated iPhone 5 was really the iPhone 4S), and modifying its hardware and software to prevent further lawsuits.

Earlier this month, the European Commission started looking into FRAND (fair, reasonable, and non-discriminatory) violations associated with the Apple/Samsung patent war. Now, the EU's latest concern has to do with the potential misuse of patents in other areas of the IT sector. 

"We requested information from both Apple and Samsung," said Joaquin Almunia, EU Competition Commissioner. "We have not yet received the answers. We need to look at this because IP rights can be used as a distortion of competition but we will need to look at the answers.

"In particular, in the IT sector, it is obvious it is not the only case. Apple and Samsung is only one case where IP rights can be used as an instrument to restrict competition. Standardization and IP rights are two instruments that in this new IT sector can be used as a tool to abuse."

Source: Reuters



Comments     Threshold


This article is over a month old, voting and posting comments is disabled

RE: It's about time
By matty123 on 11/23/2011 11:02:15 AM , Rating: 2
Intresting post but as I understand it that was only the initial impression that the media got from the EU commision. The EU antitrust chief today seemed to be suggesting that they are probing both samsung and apple.

Of paticular note and very worrying for apple is this...

quote:
Firms can gain advantages over rivals by pushing for import bans in court, using patent infringement as justification for such a measure, which could have a devastating effect on any firm its enforced on.


If found guilty they could face massive massive fines apparently up to 10% of global annual revenue, seeing as apple has pushed and won injunctions against samsung around the world they could be in serios danger if one of their patents are overturned. Also seeing as apple is suing almost all the android competition they are most at risk of violating anti-trust laws.

Link: http://www.afterdawn.com/news/article.cfm/2011/11/...

http://uk.reuters.com/article/2011/11/22/oukin-uk-...


"Nowadays, security guys break the Mac every single day. Every single day, they come out with a total exploit, your machine can be taken over totally. I dare anybody to do that once a month on the Windows machine." -- Bill Gates














botimage
Copyright 2014 DailyTech LLC. - RSS Feed | Advertise | About Us | Ethics | FAQ | Terms, Conditions & Privacy Information | Kristopher Kubicki