Legal Action Against Unauthorised Importers - Free Essay Example

Sample details Pages: 4 Words: 1152 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Analytical essay Level High school Did you like this example? Legal Action Against Unauthorized Importers Case Summary China phone manufacturer Xiaomi canà ¢Ã¢â€š ¬Ã¢â€ž ¢t sell its MediaTek made phones in India since an ongoing patents case from Ericsson in the Delhi High Court. But other unauthorized dealers still import the Xiaomi Redmi Note 3G which runs on a MediaTek processor without Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s permission. Ericssonà ¢Ã¢â€š ¬Ã¢â€ž ¢s lawyers told the Delhi High Court that Xiaomi was selling non-Qualcomm handsets via the website www.xiaomishop.com. Don’t waste time! Our writers will create an original "Legal Action Against Unauthorised Importers" essay for you Create order Xiaomi had clarified that they only has the only website which is www.mi.com. Legal Issue in the Case From the case, the issue which appeared is infringement of patents which cause by those unauthorized dealer. Head of India operation of Xiaomi, Manu Jain said that authorized sellers in India are only Flipkart and Airtel. All other retail shops or portals such as www.xiaomishop.com which are selling Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s products are doing it without their permission. Some of these portals or retail shops are using à ¢Ã¢â€š ¬Ã‹Å"Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢ name that infringing on Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s trademarks. This is an infringement of trademarks in the issue. Recently Xiaomi is requesting those retail shops and portals to stop selling their devices and close down the unauthorized website and retail shops, or else Xiaomi will be forced to take legal action such as sued them to protect Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s interest. Originally, Xiaomi smartphone werecompletely ban ned in India due to the infringement of patents. However, Xiaomi had successfully convinced that Delhi court that itsQualcomm-powered devices such as Redmi 1S in India. At the same time, Ericsson maintains and insists that Xiaomi must pay a license-fee regardless of the chipset. AlthoughXiaomishop.comis no longer functional, Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s headquarter plans to take with legal action against those other four or five websites also breaching the law which is using the name of à ¢Ã¢â€š ¬Ã‹Å"Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢ without their permission. Ericsson denounces and sued Xiaomi that they continued selling their (MediaTek-powered) handsets even after January 8, which is clear law violation in this case. After that, the China-based OEM also said that they stopped selling all their MediaTek-powered devices in India after January 8 through Flipkart which is the only authorized dealer of Xiaomi in Asian countries. There are some Xiaomi-branded devices which are currently available i n India such as Mi4 and Redmi Note 4G with the Snapdragon-powered models, while the Redmi 1S is prohibited since it is powered by MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s chip. In a bid to diminish IP accusations and further comply with Indianà ¢Ã¢â€š ¬Ã¢â€ž ¢s laws, Xiaomi is considering to setup an assembly line in India that produce their product in Indian and sell them. Foxconn from China and Inventec from Taiwan are listed as potential partners, but negotiate and talks are still ongoing. Since Xiaomi wants to expand their business into new markets, it is possible to breaches and meets further legal obstacles of some countries and patent disputes of some competitors. Recently, Hugo Barra, vice president of the International Division of Xiaomi generally acknowledged that IP litigation is an inevitable part of doing business at San Francisco. In order to better defend and protect itself from other infringement of patents, Xiaomi had already amassed about 2,800 patents of its own products i n 2014. In a public statement which Ericsson said that they inquires the Dehli court to appoint a local commissioner or assistant director to examine and censor all Xiaomi smartphones that imported to India and the Dehli court was agreed. Xiaomi announced the temporary order was only valid until March 18. When the court will hold another hearing for the controversy, which it is involves Flipkart and Airtel which are Xiaomis authorized dealer in India. Xiaomi also planned to resort the legal action to protect its own interest from xiaomishop.com. In December, Ericsson said that they tried to talk to Xiaomi about royalties for the past three years but Xiaomi did not give any respond. Outcome Based on the issue above, several concerns will arise mainly for Xiaomi, Ericsson and those aunthorized dealer and unauthorized dealer. Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s Concerns Xiaomi had ran into a roadblock last year where its product which consist MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s processor areban from importing and selling in India due to a patent dispute from Ericsson. Xiaomi lost its 1.5 percent of shares since they canà ¢Ã¢â€š ¬Ã¢â€ž ¢t sell their MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s devices in India. At last Xiaomi managed to get the permission to resume its business but only for those device that run on a Qualcommà ¢Ã¢â€š ¬Ã¢â€ž ¢s processors but not MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s processor. Obviously the reason and root that cause of this patent dispute lies on those devices that run on MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s processor which allegedly infringed Ericssonà ¢Ã¢â€š ¬Ã¢â€ž ¢s patents on their AMR, 3G, and EDGE technologies. Xiaomi had try their best and putting lots of efforts in defend themselves and spent a lots of money. Finally Xiaomi has successfully managed to get the exemption for selected devices and models which run on Qualcommà ¢Ã¢â€š ¬Ã¢â€ž ¢s proc essors that have the licensing agreements with Ericsson. This make Xiaomi has to reintroduce theirRedmi 1Sthat consist Dual-SIM 3G and run with a Qualcomm Snapdragon 400 processor. Since the 3GRedmi Noteis prohibited, Xiaomi will try to introduce their latest Redmi Note 4G with single SIM that run on a Qualcomm instead of MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s processor which been banned in India. The issue happened in India doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t affect the business of Xiaomi, it has continue to expand their business all around the world. Ericssonà ¢Ã¢â€š ¬Ã¢â€ž ¢s Concerns Although Ericsson is not a market leader within smartphone manufacturing anymore, but the company is become a strong dominant force in wireless technology. Ericsson holds around 32,000 patents and 450 of them are in India. Ericsson had sued many companies such as Samsung and Xiaomi to protect its own interest. Ericsson had successfully protects its interest against Xiaomi. They sued Xiaomi for infringement of patent last year and they won the case. The Delhi court which handles the case had come out with a solution. The agreement between Ericsson and Xiaomi has clearly stated that Xiaomi has to pay royalties to Ericsson due to the infringement of patents. Unauthorized Dealerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Concern Xiaomi had warning those unauthorized retail shops and portals to closed down their businesses. Those unauthorized retail shops and portal are selling the Mediatekà ¢Ã¢â€š ¬Ã¢â€ž ¢s devices in India and cause the infringement of patents. Xiaomi has the right to sue them if they still conducting their business without any acknowledgement from Xiaomi. The portal à ¢Ã¢â€š ¬Ã‹Å" xiaomishopà ¢Ã¢â€š ¬Ã¢â€ž ¢ has closed down because Xiaomi had forced them to do so. There are still 4 to 5 retail shops and portals that still conducting their business and selling Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s products. Authorized Dealerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Concerns The authorized dealers of Xiaomi in India are Flipkart and Airtel are also affected by the infringement of patents. They also were selling the MediaTekà ¢Ã¢â€š ¬Ã¢â€ž ¢s devices before the Ericsson has sued Xiaomi. Their businesses are drop since the 3G Redmi Note are banned. Recently they are selling back Xiaomià ¢Ã¢â€š ¬Ã¢â€ž ¢s devices that run on a Qualcommà ¢Ã¢â€š ¬Ã¢â€ž ¢s processor.

Wireless LAN Benefits and Applications - 1746 Words

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Religious Worldviews Free Essays

Part One: Hindu Worldview (Pantheistic) 1. The Question of Origin – In a Hindu Worldview the question of origin would be pantheistic in nature. A Hindu would believe that they have always been in existence and everything is a part of god. We will write a custom essay sample on Religious Worldviews or any similar topic only for you Order Now God is seen as an impersonal force of nature and this force is in everything and surrounds everything. One can only escape this force through the process of reincarnation and to become one with everything. 2. The Question of Identity – In a Hindu Worldview life is seen as a sacred part of nature. Man’s soul is seen as eternal until he eventually reaches a state of Nirvana. At that time they will become one with Brahman. The goal is to do enough good deeds so that when you die you will return in a higher life form until you reach Nirvana. 3. The Question of Meaning/Purpose – In a Hindu Worldview life is to be viewed as an illusion as though one was living in a dream and life around them does not really exist. The goal is to understand this so that you may end the cycle of reincarnation and ascend to a state of Nirvana. 4. The Question of Morality – In a Hindu Worldview god is in everything and everything is in god. This belief will govern how man treats everything and everyone around them. It is ultimately one’s own decision to determine what is right and what is wrong. 5. The Question of Destiny – In a Hindu Worldview one would believe that one’s karma determines how you will return in the next life. If a person has good Karma they will reach a higher level upon rebirth. If one has bad Karma they will return to a lower level, or as an animal upon rebirth. The goal is to reach Nirvana. Part Two: Christian Worldview (Theistic) . The Question of Origin – A Christian believes that God exists and that God always has been and always will be. With this presupposition a Christian believes that he was created by God and that everything that exists was created by God. Whereas a Hindu believes that everything has always existed and is a part of god. 2. The Question of Identity – A Christian believes that because he was created by a Sovereign God he is a special creation of God. God created humans only lower than angels and in His image. God placed the responsibility of caring for His creation in the hands of humans. Hindus believe they are a part of everything in nature and the goal is to become one with Brahman. 3. The Question of Meaning/Purpose – A Christian believes that their purpose is to know God. A Christian is to have a meaningful relationship with the one true God. A Hindu believes that their purpose is to end the cycle of reincarnation and reach a state of Nirvana. 4. The Question of Morality – A Christian believes that the guide for moral living is the Bible. Right and wrong are based upon God’s holy standard and not on man’s own perspective. A Hindu believes that they govern what is right and wrong. 5. The Question of Destiny – A Christian believes that by accepting or not accepting Jesus Christ as their savor determines where one will spend life after death. By accepting Jesus Christ as ones savior they will spend eternity in Heaven where they will be in the presence of God forever. If one denies Jesus Christ they will spend eternity in hell forever separated from God. A Hindu believes in reincarnation and Karma. Good or bad karma will determine in what form they will return upon rebirth. The goal is to reach Nirvana. How to cite Religious Worldviews, Papers

General English free essay sample

Setting: In works of narrative (especially fictional), the literary element setting includes the historical moment in time and geographic location in which a Tory takes place, and helps initiate the main backdrop and mood for a story. Point of View: A particular attitude or way of considering a matter. Theme: The subject of a talk, a piece of writing, a persons thoughts, or an exhibition Style: A particular kind, sort, or type, as with reference to form, appearance, or character Tone: A particular quality, way of sounding, modulation, or intonation of the voice as expressive of some Mbabane feeling, spirit, etc. Perspective: A technique of depicting volumes and spatial relationships on a flat surface. Bias: A particular tendency, trend, inclination, feeling, or opinion, specially one that is preconceived or unreasoned: illegal bias against older job applicants; the magazines bias toward art rather than photography Purpose: The reason for which something exists or is done, made, used, etc. We will write a custom essay sample on General English or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 2. Argue a case for either the usage of hyperbole or understatement.Which do you think is more effective? More humorous? Explain your opinions, citing examples from the texts. A hyperbole is more humorous but an understatement is a word with more persuasiveness to the understanding Of being taken to effect. 3. Cite examples from the texts youve read in Units 1, 2, and 3 to briefly explain he answers to the Big Questions. A. Unit 1: Can truth change? No! B. Unit 2: Is conflict necessary? Sometimes! C. Unit 3: Is knowledge the same as understanding?No. I think that knowledge means to know several facts and things. However, understanding I think means to be able to tie all of these facts and tidbits together and conceptualize it all. In short, understanding is knowledge taken to the next level. 4. Discuss the role.