South Korea criticises US U-turn on Apple ban
The South Korean government has expressed concern over a US government ruling which has overturned an import ban on some Apple products.
In June, the US International Trade Commission (ITC) ruled that Apple had infringed a Samsung patent and banned it from importing and selling some of its older models in the US.
But, earlier this month, the government vetoed the ban, due to its “effect on competitive conditions in the US economy.”
The patent in question related to 3G wireless technology and the ability to transmit multiple services correctly and at the same time.
Commonly referred to as a "standards essential patent (SEP)," it covers technology that has to be used to comply with industry standards.
In response, the South Korean Ministry of Trade, Industry and Energy, said in a statement: "We express concerns about the negative impact that such a decision would have on the protection of patent rights."
Apple landed another blow on Samsung when an ITC decision on August 9 ruled that certain Samsung tablets and smart phones infringed on Apple's patents and banned imports into the US.
The ministry’s statement added that it would be monitoring the US government’s response to the ruling, calling for it to make "fair and reasonable decisions."
Ronald Cass, president of Cass & Associates in Virginia, said he “understood” the anger from within South Korea.
“The decision was the first time in more than 25 years that the US government has overturned an ITC ruling so the reaction from South Korea is understandable as we have never seen anything like this before,” he said.
“It’s particularly sensitive since it involves consumer goods rather than items with little commercial interest.”
Cass added that while the government may have had its reasons for overturning the decision, the ITC had remained consistent.
“These are two companies both of which do most manufacturing outside US and some within and are more multinational more than they are American or Korean. I don’t think it boils down to protectionism but I can understand Korea’s dismay when we haven’t seen anything like this before.”
The initial ITC ruling banned the import and sale of the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G distributed by telecommunications company AT&T Inc.
