Orlando Mediator Lawrence Kolin explores current issues in Alternative Dispute Resolution, including mediation and arbitration of complex cases by neutrals resulting in settlement of state and federal litigation and appeals. This blog covers a wide variety of topics-- local, national, and international-- and includes the latest on technology and Online Dispute Resolution affecting sophisticated lawyers and parties to lawsuits.
Friday, June 15, 2012
Chinese iPad? Confucius say: Mediate
Apple's newest iPad is still unavailable in China. Apparently, the Higher People’s Court of Guangzhou began hearing an appeal by Apple following a Chinese lower court's ruling in favor of a Chinese tech company, Proview, that claims ownership of the trademark in China. The court’s foreign affairs office states the court will withhold judgment as long as both parties continue talking. Proview’s lawyer confirms mediation will continue, though a “big gap” remains between the two sides, according to reports. Proview seeks up to $1.5 billion. Revenue from China accounts for almost twenty percent of Apple’s total. In China, mediation is a way of life and litigation is seen as a last resort, embarrassing to honor and the community. Harmony, professed by Confucius to be valuable in governance and social order, is a principle to which Chinese culture adheres.
Mediation by a third party has a long history dating back as early three thousand years ago, during the Xi Zhou Dynasty. Perhaps this tradition will help resolve a modern technology dispute involving one of the world's most coveted gadgets. See more information at http://zd.net/LbQLrz and http://bit.ly/KHDsLw UPDATE: 7/2/12 - Apple pays $60 million to settle iPad trademark dispute in Chinese high court-mediated deal See story http://yhoo.it/OTBT1R