Xiaomi Prohibited for selling Devices in India: High Court Order

The history broken mobile company, Xiaomi which is known as Apple of China has banned in India for selling, assembling and importing its devices in Indian market. Delhi High court has given an ex parte prohibitory order against the Chinese juggernaut Xiaomi to offend again and again the Ericsson’s SEP (Standard Essential Patents).

Ericsson had filed the case against Chinese mobile maker for violation of law. The move has taken because of Chinese mobile maker’s contempt of patent law. So, the High Court has not only banned the maker from selling, assembling and importing its devices in India, but also prohibited the e-commerce store Flipkart for the same. The Swedish company has approached the Chinese maker several times for infringement of its 8 patents, but Xiaomi didn’t respond on the same.

According to standards-essential patents, one company is based on some technology standards and for this, they require mandatory access over the same. Other companies are committed to grant the license of patent rights for such technology standards under FRAND conditions. Under this order, Xiaomi devices that infringe the patents will not be selling by any retailer or Company itself in Indian market. However, it’s not clear that this order will affect the whole devices of the Company or jut some specific ones as the detailed order has not released yet.

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The order of the court is though temporary now. On the other side, the Xiaomi India Head, Manu Jain said that the Court order has not reached to them officially yet. He also added that Company will communicate with the Swedish company for this issue and will defiantly work legally according to laws. SpicyIP reported that under IPR Rules, 2007, customs officials have also been directed for keeping eye on Xiaomi and to stop it from importing its products.

On the other side, the same case also filed on Intex, homegrown mobile maker Micromax and one more Chinese tech giant Gionee. If all these companies wouldn’t respond anymore, then Court will take some actions against them also.

Well, this prohibitory order will affect Xiaomi’s sale in India or not, is quite obscure. Xiaomi gained huge success in Indian market with its Mi3 and then brought Redmi 1S which also received the more better response. Recently the Company introduced Redmi Note and under process of bringing its Mi4 handset also. The time will tell what would be the impact of this court order on Xiaomi.