3
days
ago
Customers test out Apple iPads in the company's flagship store in Beijing's Sanlitun area on Wednesday. A Chinese tech firm, Proview claims it still owns the iPad trademark In China and will seek a ban on exports of Apple Inc's computer tablets from China, which could deal a blow to the U.S. technology giant's sales worldwide.
By Ed Flanagan, NBC News
BEIJING – “This is the user manual and spec sheets for the IPAD,” said Ma Dongxiao, a patent lawyer in Beijing. In his hands he held a simple black and white pamphlet that laid out the technical aspects of his client’s product.
Absent from the front page was the familiar Apple logo we have come to expect. Rather, he held just a simple description in English for a boxy wireless device shaped like an old TV that was ponderously dubbed a “Professional Color LCD Monitor.”
Simple as the device might appear, it is the linchpin in a new phase of Shenzhen-based tech company Proview’s latest attack on Apple: A restraining order filed this month in a Shanghai court demanding Apple cease using the iPad name in China.
Just days after the euphoria of a $500 stock valuation, Apple has been dealt a series of significant legal blows in China that casts doubt on the legality of the tech giant’s control of the iPad trademark here on the mainland.
And the worst might be yet to come.
The legal issue at hand for Apple is simple enough: Does the Cupertino-based company own the “iPad” trademark in China? Or does it belong to Proview (Shenzhen), a subsidiary of Hong Kong-based Proview International Holdings Ltd. – at one time one of the largest manufacturers of computer displays in the world.
NBC/ITN
The cover of Shenzhen-based tech company Proview's owner's manual for their IPAD device, called a "Professional Color LCD Monitor."
Murky trademark deal
Proview began trademarking the term, “IPAD,” in China and other countries back in 2000. The company coined the name for a handheld device it claims was the actual start of what later would be dubbed “tablet computing.”
The project never came to fruition, though, and the name sat unused until 2009 – a year before the debut of the iPad we know today. That’s when Apple allegedly swooped in and paid a Proview subsidiary in Taiwan $55,000 for the trademark rights in ten countries, including they claim, China.
Not so, says Proview in Shenzhen, which argued that it – not the subsidiary in Taiwan – had registered the iPad name in China and thus controlled its trademark on the mainland.
In 2010, Proview took Apple to court in Shenzhen and won a decision last December that ruled Apple had incorrectly purchased the China trademark from the Taiwan-based subsidiary, resulting in a legally non-binding agreement.
An appeal filed last month by Apple in a Guangdong provincial court was similarly rejected, paving the way for Proview to file a slew of trademark violation complaints across China with local Industrial and Commercial Administrative Bureaus. In 20 cities across four provinces, these departments began enforcing the decision, confiscating iPads from sellers and exposing Apple to fines up to five times the profit from iPad sales.
Online retailers are also taking note of the complaints, with Amazon China and Suning.com, a Chinese e-commerce site, also pulling iPads off their websites.
Undeterred, Apple has appealed the ruling to a higher Guangdong court. Carolyn Wu, a spokesman for Apple in China, told the Wall Street Journal Tuesday, “We bought Proview’s world-wide rights to the iPad trademark in 10 different countries several years ago… Proview refuses to honor their agreement with Apple in China.”
More suits to come
Talking about the upcoming Shanghai suit for which Ma says arguments will begin next week, Chinese legal experts are already arguing that Apple faces long odds of winning. As one lawyer put it, Apple’s negotiating with Proview’s Taiwanese subsidiary is “like negotiating with a son and expecting the father to go along with what was agreed upon.”
NBC/ITN
The user manual for Proview's  IPAD shows off its boxy wireless device shaped like an old TV. Proview claims it has the rights to the trademark "IPAD" in China , locking it in a legal battle with U.S.-based tech giant Apple.
With Proview’s ownership of the iPad trademark already established in the Shenzhen courts, it seems doubtful that the Shanghai court will side in favor of Apple and effectively overturn the appeals court in Guangdong.
Late last year, China became Apple’s second largest market after the United States. A decision against Apple that results in the ceasing of mainland iPad sales would be catastrophic for the company, which reportedly sold 15.43 million iPads in the last quarter of 2011 alone.
Even more troubling is another complaint Proview plans to file by the end of this month to China’s customs authorities that would ban the export and import of the new iPad 3. Almost all of the 30 million iPads sold last year are assembled outside the U.S., mostly in China. A successful injunction against Apple on exports of its iPad 3 would effectively make its rumored early March rollout date a pipe dream, putting a significant dent in the company’s profits.
Payday ahead for Proview?
All of these lawsuits, injunctions and complaints beg the question, what is Proview’s end game?
After all, Proview can seemingly look ahead confidently to the upcoming customs complaint and Shanghai lawsuit knowing that the Chinese courts have ruled in their favor in regards to ownership of the iPad trademark. Barring some new, compelling evidence from Apple, it will be extremely difficult for Apple to overturn two decisions in favor of Proview.
Bobby Yip / Reuters
A man walks on a bridge in front of the derelict office of Proview Technology in China's southern city of Shenzhen on Wednesday.
So what does Proview want?
The lawyer, Ma, played coy in answering that question and simply said he hoped that the two parties would be able to settle their disputes out of court. Indeed, a settlement between Apple and Proview is increasingly looking like an expensive proposition for the American tech company and a financial windfall for the cash-strapped Proview.
However, rumors of Proview seeking a $1.6 billion dollar payout may seem almost reasonable to Apple if Proview’s multiple suits successfully pass through Chinese courts and an embargo on shipments of iPad 3s is enacted. Although, it’s important to remember that Apple reportedly has $97.6 billion in cash reserves, so a $1.6 billion payout wouldn’t exactly break their bank.
Despite the long legal odds against Apple, and Proview seemingly sitting in the driver’s seat, the chances of such a doomsday scenario occurring seem distant as both sides appear even more poised for a settlement.
After all, while China’s expansive, albeit limitedly enforced, intellectual property laws currently favor Proview, it seems doubtful that a Chinese ruling blocking the shipment of iPad to countries where Apple legally owns the trademark would hold up in a complaint among the bodies that regulate international trade.
Furthermore, during these trying economic times globally, it would simply be foolhardy for China’s Customs Bureau – and by extension, the ruling Communist Party – to invite the swift international condemnation that would inevitably follow any blocking of Apple exports.
Ultimately, as Stan Abrams of the China Hearsay blog put it, Proview’s best strategy would seemingly be to wreak enough legal havoc for Apple so that the disruption of exports, while not an inevitability, would be a big enough threat to bring them to the settlement table.
Whatever decisions are made in the next few weeks, Apple will surely pay dearly for its first significant blunder since its entry into the China market.
4
days
ago
John Brecher / msnbc.com
Jamal Tarhuni hugs his wife Nariman Samed as his son Rashid walks past at the Portland International Airport after returning from Libya.
By Kari Huus, msnbc.com
PORTLAND, Ore. — Family, friends and supporters celebrated the homecoming Tuesday of Jamal Tarhuni, a Libyan-American businessman whose return to the U.S. from North Africa was delayed by a month after he was detained for questioning by the FBI.
A burst of applause and cheering went up as Tarhuni emerged into the waiting area at Portland International Airport after clearing the last bureaucratic hurdle of his trip – a two-hour wait to clear customs. His youngest son, 10-year-old Rasheed, armed with helium balloons, stood at the front of a welcome line of men.
The tone of the homecoming quickly became serious again, as Tarhuni reassured others about the status of another member of the Libyan-American community – Mustafa Elogbi, 60, who remains in Tunisia after being barred at the last minute from joining Tarhuni and their attorney, Tom Nelson, on the flight home.
Tarhuni, 55, left for Libya in October to deliver medical supplies to hospitals and refugee camps, but he said that when he tried to return on Jan. 17, he was denied boarding and directed to the U.S. Embassy in Tunis, where he was questioned extensively by FBI agents.
At the Portland airport, he addressed the gathered press with a message to the FBI:
"We value your work when you stop criminals," Tarhuni said. "We do not value your work when you do not do your homework and stop innocent people."
He called his ordeal a shock and said he was particularly disappointed in the U.S. Embassy.
"I was not able to get straight answers or help you would expect from your embassy abroad," he said. "I was not even able to get basic information on who made the decision to stop me from coming home."
Tuesday’s reunion with his wife, Nariman Samed, and four children ended a month of uncertainty for Tarhuni, a naturalized American citizen, but it did nothing to clarify why he was held or whether he faces further questioning. He does not know whether he is on the government’s secret no-fly list, which would prevent him from flying back to his native Libya or in U.S. airspace.
The uncertainty around Elogbi remains, although he has booked a flight home from Tunis on Sunday.
American aid worker: U.S. bars my return
What gives? Another American caught in no-fly limbo
No-fly Americans split up to fly home
"I’m really happy that Jamal Tarhuni is coming home, but I’m really ready for my dad to come home," said Elogbi’s daughter, Allaa, 20, fighting back tears. "(This return) does give me hope that within a week my dad will be here. … But so far you don’t know if you can trust them or not, you know? There is no reason my dad should not be home today. There is no reason he shouldn’t have been home last month."
The crowd of about 40 people on hand to greet Tarhuni was a mixture of family and friends from Muslim and interfaith communities.
John Brecher / msnbc.com
Karen Redington, of Beaverton, Oregon and Paul Maresh of Portland hold signs to greet Jamal Tarhuni before his arrival at the Portland International Airport. Maresh explained his motivation for coming to the airport: "I don't know this gentleman. I'm not a Muslim. I'm deeply offended by the way this man has been treated."
"What brings me out is injustice, not allowing someone to come home because they are Muslim or have an Arabic name, or a foreign-sounding name – the nemesis du jour," said Pam Allee, a Portland resident who came to show support but does not know the families.
Karen Redington, a Christian who said she has worked with Tarhuni on interfaith events, carried an American flag and a sign that read: "I’m sorry."
"I am so sorry that this would happen to anyone, let alone somebody who is one of the most gentle, humble, caring men, who has taken the time to go back to his country of origin to bring millions and millions of dollars of humanitarian aid through Medical Teams International," she said. "I am so sorry. This does not represent this community; this does not represent this country."
No one was more relieved at Tarhuni’s return than Rasheed, who was looking forward to spending some quality time with his dad after an absence of four months.
"He missed my birthday, so he said we’re going to have a cake and we’re going to go out and we’re going to invite my friends, maybe go to Evergreen waterpark. Or we’re going to take trip to Disneyland," he said.
Going forward, he said, he’s going to keep his eye on his dad:
"I’m going to hug him so much and never let him go back anywhere else, and tell him, ‘If you’re going somewhere, the whole family comes with you.’"
More content from msnbc.com and NBC News
5
days
ago
[ http://www.msnbc.msn.com/id/39788177?launch=46365062
Tens of thousands of mainland Chinese women travel every year to Hong Kong to give birth so their children can enjoy the former British colony's benefits. NBC's Adrienne Mong reports on the growing tension the trend has fueled between Hong Kong locals and mainlanders.
By Adrienne Mong
HONG KONG & SHENZHEN, China – Anchor babies. Birth tourism. Cross-border births.
It’s a growing global phenomenon driven by Chinese with wherewithal and wealth. Chinese from a China that – even as it continues to grow and open up to the rest of the world – still faces a restrictive enough present and an uncertain enough future that they choose to give birth outside of China.
Some do it to avoid the one-child policy. Many do so for the benefits the child will receive as a citizen of the country into which it’s born: free or better education, the freedom to travel, good social services, a safe haven.
The United States is overwhelmingly the most popular destination for wealthy Chinese, a phenomenon covered by NBC News.
But a close second is Hong Kong, the tiny former British colony of 7 million people.
Since its return to Beijing’s oversight in 1997, and as China has made it easier for its people to travel, tens of thousands of mainlanders regularly head over the border to book up maternity wards at Hong Kong’s good quality and affordable public hospitals.
Of the 88,000 births in Hong Kong in 2010, roughly 45 percent were delivered by mainland Chinese women, according to Hong Kong's government.
The growing number of cross-border births isn’t just straining health care resources and the local population’s goodwill. It’s also helped to provoke an identity crisis that 15 years after the handover has alienated local residents from their northern neighbors.
A business catering to pregnant mainlanders
For four years, Gordon Li has been running a business from Shenzhen, southern China, arranging travel to Hong Kong for pregnant mainland Chinese women.
Adrienne Mong/File
Many Hong Kong locals believe their quality of life is being eroded by mainland China---including the air.
(*Gordon Li is not his real name; he did not want to divulge his identity. Just last week, another agent from mainland China pleaded guilty to breaching Hong Kong immigration laws for helping mainland women give birth in the city. It was Hong Kong’s first prosecution of its kind and, given the current mood, may not be the last.)
“We work like a travel agency [and] the fee depends on the client –whether they want to stay in a luxury hotel or a small hotel, etc.,” said Li, who charges his clients between a few thousand yuan and 20,000 yuan ($3,200) to navigate the system. Most of his customers are from the mainland’s wealthiest regions like Guangdong, Zhejiang, Beijing, and Shanghai.
Li estimates that he has helped at least a few hundred mainland women to have babies in Hong Kong. “Last year was the most,” he said.
His early clients were trying to get around the mainland’s strict one-child policy, but today most of his new customers travel to Hong Kong because, Li says, there are “a lot of conveniences.”
The public health system in freewheeling capitalist Hong Kong is considered better and safer than it is in its communist neighbor. Maternal mortality ratio statistics collected by organizations like the World Health Organization support Hong Kong’s reputation for good quality health care for mothers and newborn babies.
Bo Gu
Every day, more than 10,000 students who live in mainland China cross the border to go to school in Hong Kong.
Other benefits for newborns include being automatically eligible for “the right of abode” in Hong Kong, which means becoming permanent residents. Which in turn means unfettered access to free public education considered superior to that in the mainland; political freedoms; and ease of travel anywhere in the world.
And they are entitled to all of this without giving up their China citizenship.
In fact, more than 10,000 mainland Chinese children who were born in Hong Kong, but live in China, go across the border every day to attend school in the former British colony.
Hong Kong is fed up
Huang Lijuan is a 27-year-old kindergarten teacher from Guangdong Province. She and her husband, Tsing Ho Nan, a 32-year-old engineer from Hong Kong, met in Shenzhen and moved to Hong Kong after getting married.
“I’m three months pregnant, and the due date is August 5,” Huang told NBC News one afternoon in a community center in Tsuen Wan, Hong Kong. “But I haven’t been able to book a hospital bed in a maternity ward. All of the public hospitals are fully booked.”
“There are 80 to 100 [mainland women married to Hong Kong men living here] who are pregnant, but they failed to book any hospitals to deliver their babies,” said Koon Wing Tsang, an organizer with the Mainland-Hong Kong Families Rights Association. Like Huang, they are all casualties of recent restrictions on non-local women.
Under popular pressure, the Health Authority (HA) in Hong Kong has instituted quotas for non-local residents. Currently, only 3,400 births by non-local women are permitted at public hospitals this year – down from 10,000 in 2011. Private hospitals are allowed 31,000 births by non-local women.
“The government and the HA are committed to ensuring that local pregnant women will be given priority in the use of the services over non-Hong Kong residents (non-eligible persons, NEPs),” said a Health Authority spokesman in a written response to NBC News requests for an interview.
But even the new quotas may not be enough. As Huang found out, all the maternity wards in Hong Kong’s public hospitals – and many private clinics – are fully booked until September.
Moreover, the quotas don’t prevent mainland women from using the emergency wards as a last resort. More than 1,600 such births last year were delivered in Hong Kong’s emergency rooms – an unnecessary medical risk since such wards are not equipped or staffed properly for deliveries.
Some Hong Kong government officials have raised the possibility of an outright ban on mainland Chinese women giving birth in the city, but critics have argued enforcement is problematic.
Others have suggested ending the practice of granting automatic permanent residency status to babies born to non-local parents. To do so, according to legal experts as well as Hong Kong’s Chief Executive Donald Tsang, would mean having to reinterpret the Basic Law – the territory’s mini-constitution.
Any such action would require consultations with Beijing, which could prove to be a political minefield for Hong Kong, which prides itself on its Western-style democratic values.
China to ban names that signal 'orphan' status
'Locusts' & 'running dogs'
Adding fuel to the fire is a recent series of tense confrontations between local and mainland residents.
Last month, Hong Kong citizens were outraged over a report that a Dolce & Gabbana boutique had banned local shoppers from taking photographs of its shop, but allowed mainland Chinese tourists and other visitors to snap away. A Facebook campaign days later galvanized more than a thousand people to protest outside the shop, forcing it to shut early.
Barely a week later, a heated dispute broke out on the Hong Kong subway when a mainland Chinese child was asked to stop eating on the train – a practice banned in the territory. The argument between locals and mainlanders was captured by a cell phone camera, and the video went viral on the Internet.
Tensions were further inflamed by comments from a Peking University professor, who when shown the video of the subway dispute, called the territory’s residents “running dogs of the British imperialists.”
This month, a group of concerned Hong Kong citizens bought a full-page ad in a popular mainstream Chinese-language Hong Kong daily newspaper that called mainland visitors “locusts.” The term refers to the large numbers overrunning the territory to consume all its resources.
The "Locust" song, which features anti-mainland China lyrics, has gone viral on the Internet in Hong Kong.
A “locust” song even made the rounds on the Internet, with spiteful lyrics poking fun at mainland Chinese, and inspiring at least one group of young Hong Kong men to roam around singing the song at visiting mainland Chinese.
An identity crisis
“I think the real reason that Hong Kong people are upset is because they feel helpless politically,” said Wen Yunchao, a mainland blogger and activist now living in the territory. “The rules they believe in are being broken by all these mainland visitors, and yet they still have to rely on China economically.”
Dr. Elaine Chan at the Center of Civil Society and Governance at Hong Kong University agrees the tension is “a manifestation of something deeper.”
“Hong Kong people do not have a very positive view of mainlanders,” she said. “Not just because they are buying properties and not just because they are buying all the luxury goods. But also because of how they carry themselves.”
Both Wen and Chan argue there’s an underlying sensitivity to and awareness of the fact that Hong Kong is bound up with China –culturally, historically, politically, and economically – and yet there remains a gap in fundamental values between the two: in terms of the rule of law or basic civility. That tension makes some people in the territory uncomfortable.
For now, Beijing has remained silent at least on the cross-border births issue, although authorities in neighboring Guangdong province have promised to find a solution.
But another hot-button topic may soon eclipse that of birth tourism. The main topic of conversation last week was a government proposal to open up the border to mainland Chinese drivers and their vehicles. Concern over road safety issues is so great in Hong Kong that an online petition has already gathered 7,000 signatures.
With additional reporting by Bo Gu.
10
Feb
2012
12:52pm, EST
Carrie Jeffers meditates at the Thamkrabok Monastery and rehab center in Thailand.
By Ploy Bunluesilp , NBC News
BANGKOK – Carrie Jeffers feared she would never kick her heroin addiction after relapsing repeatedly in her native Michigan. Then she flew to Thailand, and her life changed.
Jeffers, a 37-year-old yoga teacher, says she broke her dependency thanks to treatment at a remote Buddhist temple. The rigorous regime includes meditation and the daily ingestion of a foul-tasting herbal drink that induces projectile vomiting to cleanse the body of toxins.
“I got my strength back slowly but surely after the treatment,” Jeffers said after spending months at Thailand’s Thamkrabok Monastery, a drug rehabilitation center in Saraburi province about 90 miles north of Bangkok.
The center, in the heart of a sunlit forest surrounded by limestone crags, has won a worldwide reputation as a place with harsh but effective addiction treatment and has attracted thousands of foreigners from Europe and the U.S.
Harsh, but effective
Jeffers said she had been addicted to heroin since the age of 14 and underwent rehab treatment twice in the United States. The fees were $1,000 a day, which, fortunately, were covered by insurance. "A lot of drug addicts don’t have that [insurance] and they get turned away,” she said.
[ http://www.msnbc.msn.com/id/39788177?launch=46342761
Thailand's Thamkrabok Monstery is an unlikely drug rehab center. But it has won a worldwide reputation as a place with harsh but effective addiction treatment and has attracted thousands of foreigners from Europe and the U.S
Thamkrabok, by contrast, offers its services for free. And Jeffers said she found it far more effective than rehab in the West.
“At other rehabs they feed you drug after drug; there is no meditation or teaching you to look into yourself,” she said.
Monks at the temple say another key to the success of their treatment is the special tonic, made with 108 herbs according to a secret recipe.
“I remember feeling a kind of a burning sensation, but it soaked up all the toxins,” said Jeffers, who is now helping teach yoga to foreign patients at the temple.
The Thamkrabok monastery has another rigorous feature: addicts must take a vow swearing that they are 100 percent committed to being drug or alcohol-free. They can only be admitted to the monastery for treatment once; if they break their vow, they are not allowed to return.
Same treatment for celebs to civilians
At Thamkrabok, everyone is treated equally regardless of wealth or status. Patients have to wake up early each morning to clean their bedrooms and bathrooms, and sweep the temple compound. They all wear the same red uniforms and sleep in dormitories on thin mattresses closely packed together.
The detox center is a complex of low-rise whitewash concrete blocks set apart from the main compound, which is dominated by several giant Buddha statues.
"It’s very humbling here. It doesn’t matter who you are, you are using the same bed,” said Jeffers, who plans to return to the U.S. in May.
Some don’t last. Pete Doherty, the controversial British singer and former boyfriend of model Kate Moss, was a patient at the temple but only completed three days in 2004 because he found the treatment too austere. One of the monks told me that Doherty lacked the patience that the treatment required and that he did not enjoy the spartan living conditions.
Ploy Bunluesilp / NBC News
Patients at Thailand's Thamkrabok Monastery trying to kick their drug or alcohol addiction line up to get herbal drinks; they often throw up after drinking the special tonic.
However, another British musician, Tim Arnold of the band Jocasta, returned home drug-free after completing the treatment. The temple said they have treated other celebrities, but they wanted to keep their names confidential.
The temple has treated more than 100,000 addicts since it started the rehab program in 1959 and about 30 percent of former patients, including Jeffers, become ordained as monks or nuns after completing their treatment to help out the new patients.
Many of the young Thai monks are tough-looking chain-smoking youths with tattoos. They enforce the temple rules and keep new patients in line.
"Only three more minutes, get inside. Just get inside,” one of the monks shouted at patients outside the packed herbal steam bath room during my visit.
Patients are not allowed to carry money at the temple, in part to prevent them sneaking out to buy drugs. Instead, they buy coupons at the start of the treatment for food, which costs about $6 a day for three meals.
Cleaning body and mind
“When I first arrived, it felt very surreal because we all have preconceived idea of what the monastery or rehab might be – but this is very far away from any kind of imagination,” said Nick Thorp, a musician from London and one of many of the foreigners who found out about the temple through the Internet or from friends who had been treated there.
“They clean up your body and they give some input in your mind,” said 57-year-old Ong Boon Beng from Malaysia, who had been taking opium and heroin for more than three decades before seeking help. “At the other rehabs, you pay money, but it is just like you go for holiday. They give you sleeping pills – that doesn’t help.”
Mike Sarson, a founder of the East West Detox Center in southern England, works with the monastery and sends some patients there. He said about 95 percent of the patients the charity has sent to the temple remain drug-free.
1 comment, including:
I do not know of Mr. Shadid's work, however, I do know what it is like to have such an honorable person in my life. May he rest in peace.