eBizcuss conflict with Apple

Historically, relations between Apple and its partners have been strained for the delivery of its products. But eBizcuss, the situation has worsened with the arrival of the Apple Store on French territory. The French distributor, owner of the sign ICLG, accused the American not to honor orders for iPhone and iPad since last summer. EBizcuss's lawyer, Marc Santoni, does not beat around the bush. He told the BBC: "It is the abuse of dominant position, unfair competition". And it becomes problematic for eBizcuss whose sales at constant decreased 30% in the third quarter as the group according to its CEO did not receive any iPad 2 or MacBook Air. 

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Intellectual property: to better understand the judicial review of Apple - III

If intellectual property protects intellectual works that exist by themselves, industrial property; it is committed to protecting the products of intellectual activity that can be produced industrially.  This first type of products of intellectual activity is the invention, creation designed to solve a technical problem. The inventor may well decide to use the trade secret, which can give him a monopoly until a competitor does not happen to the task. The patent has been designed as a regulatory element; a form of encouragement to private innovation should eventually become public. In exchange for the release of its invention, the creator gets protection - a patent - providing it can enjoy the fruits of his work and punishing the copy.

Of course, the patent is framed: the work submitted must be new (private), inventive (non-obvious and unique solution to a problem) and applicable (technical and industrial). If these conditions are met, the inventor gets a limited monopoly in space (the country where the patent is valid) and time (usually 20 years) of his invention at the end of this monopoly, innovation falls into the public domain and may contribute to the common good.

Intellectual property: to better understand the judicial review of Apple - II

The literary and artistic property protects the creations themselves and for themselves: a book, musical composition, a table exists in them and is protected, automatically, without formality - as long as the creation or original. In France, this protection is called copyright law (and rights related to copyright, specific to certain types of productions: the right of performers, rights of producers of phonograms and videograms, and the right of producers of databases data). Copyright consists of two types of powers, property rights and human rights moral. The open the possibility of commercial exploitation: they give the author an exclusive right to the manner of publication, reproduction, adaptation and compensation of his works for a limited time, while protecting it from copying.

Intellectual property: to better understand the judicial review of Apple - I

Motorola v Apple, Samsung v Apple v Apple HTC, Apple and others v: the small world of mobile computing uses the courts as others used the playground, is castagna to outdo, until sometimes to forget the reason for the dispute. Patents, registered designs, injunctions, appeals, motions, etc.. : Jargon sometimes prevents a clear understanding of these cases. We offer a development summary.