Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
Chinese officials in Kunming have ordered two fake Apple shops to close, not because of piracy or copyright concerns, but because the stores in the southwestern city did not have an official business permit.
From the reuters article.

So yeah steal someone else's IP as much as you want but if you don't pay the government they cut, they shut you down.

You could write books and books about how unjust this is.
 
Badges?! We don't need no stinking badges!

The Chinese don't believe in international laws unless it affects them!

[url=http://cdn.macrumors.com/im/macrumorsthreadlogodarkd.png]Image[/url]


Last week, we covered the story of fake Apple retail stores popping up in China and noted a follow-up report from The Wall Street Journal</a> in which employees of the stores shared their thoughts about simply wanting to provide the highest levels of service to their customers.

Image
Fake Apple retail store in Kunming, China

Reuters now reports that officials in the city of Kunming where the fake Apple stores were publicized have discovered five such stores and have shut down two of them. The shutdowns were due to a lack of proper permits, however, rather than for any sort of infringement of fraud related to mimicking Apple's store designs as investigations on that front continue.The report notes that Chinese law prohibits companies from copying the "look and feel" of other stores but that enforcement of those laws is "often spotty". Many customers of the stores in question have expressed outrage over the news, feeling that they had been misled into thinking that the stores were genuine Apple-run shops and worrying that they had been sold fake products.

Apple has of course been making a significant effort at penetrating the Chinese market, having opened four large retail stores in Beijing and Shanghai and planning to open several dozen more stores there. During last week's earnings conference call, Apple executives noted that the company's sales in "greater China" totaled $3.8 billion for the quarter, six times that of the year-ago quarter.

Article Link: Chinese Authorities Close Two Fake Apple Stores Over Permit Issues
 
What IP has been stolen?
Apple's Store layout for starters. I'm sure that's fully patented.
Next use of Apple's trademarked logo without Apple's permission.
I'm pretty sure the term "Genius Bar" is well trademarked too.

And probably more. Not really stealing IP. But you get the idea.
 
Apple's Store layout for starters. I'm sure that's fully patented.
Next use of Apple's trademarked logo without Apple's permission.
I'm pretty sure the term "Genius Bar" is well trademarked too.

And probably more. Not really stealing IP. But you get the idea.

Trademark, Trade Dress qualify as IP, right?

At the very least, Corporate Identity has been stolen.

From the reuters article.

So yeah steal someone else's IP as much as you want but if you don't pay the government they cut, they shut you down.

You could write books and books about how unjust this is.

To be fair, they got Capone on tax evasion, right? :)
 
Last edited by a moderator:
opportunity

China has a real opportunity here if they don't mess it up. It would serve them well to show the international community they are genuine about protecting other people's hard work, copyrights, trademarks, trade dress, and other such things by immediately closing down all of these fake Apple stores...

But, then they could do one better than other countries, by making it part of Chinese law that a company could legally purchase official products made by any other company from the same manufacturers and/or distributors that authorized stores purchase from, and sell those product in their own stores as long as they make it clear they are NOT an authorized dealer.

And, as long as trade dress, copyright, and other protected property is not violated (for example, the Apple logos, T-shirts, etc. would have to go) - if these conditions were met, then the stores could re-open as non-authorized resellers, under their own company names.
 
Apple's Store layout for starters. I'm sure that's fully patented.
Next use of Apple's trademarked logo without Apple's permission.
I'm pretty sure the term "Genius Bar" is well trademarked too.

And probably more. Not really stealing IP. But you get the idea.

None of that is IP.
 
Since when are trademarks not IP?

I meant to say stealing IP. You're too quick for me to make an edit.

The original claim was that the stores were "stealing IP." They are not, it's trademark infringement which, is different.
 
Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions.
 
I meant to say stealing IP. You're too quick for me to make an edit.

The original claim was that the stores were "stealing IP." They are not, it's trademark infringement which, is different.

Well, the Apple logo, Genius Bar (term), and Genius bar logo are all trademarked. Using them without written consent is stealing Apples intellectual property. IP is just a broad term.
 
Well, the Apple logo, Genius Bar (term), and Genius bar logo are all trademarked. Using them without written consent is stealing Apples intellectual property. IP is just a broad term.

Stealing is the broader term that I am taking issue with. There was no theft. The trademarked logos were infringed upon, not stolen.
 
Stealing is the broader term that I am taking issue with. There was no theft. The trademarked logos were infringed upon, not stolen.

Thanks for clarifying. Is there any scenario of IP infringement where the word 'steal' is applicable?
(even if only informally)
 
Well, they were using the Apple logo with a different store name, correct?

Lots of stores use the Apple logo with a a different name. The only difference is whether or not they are official resellers and are authorized to used to the logo. If a store does not have the expressed consent to use the logo, then it's infringement.

It's not like anyone stole secret blueprints from their vault.
 
Lots of stores use the Apple logo with a a different name. The only difference is whether or not they are official resellers and are authorized to used to the logo. If a store does not have the expressed consent to use the logo, then it's infringement.

It's not like anyone stole secret blueprints from their vault.

Taking something that doesn't belong to you or without permission is theft in most peoples book. Whether it's the official term or not, it works in describing the act we're currently discussing. Semantics.
 
I have a lot of exposure to China being chinese but growing up the USA. The cultural shock there is huge! As for the FoxConn not selling backdoor to these vendors due to wanting exclusivity? You have no idea what a chinese business person will do to make a quick extra buck. Corruption in the government and in business is very prevalent. Money talks in china better than in any other country.

They might have been easily stolen as well, since it is quite tempting that one 64GB 3G iPad equates to several months salary for an average factory worker. The chinese can really care less about warranties due to terrible consumer protection laws. One man had his lemon Lamborghini Gallardo smashed to pieces in public because the dealer refused to honor warranty repairs and left the owner with a useless hunk of metal.
 
Last edited:
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.