$\"\"$ NEW DELHI: Chinese phonemaker Shenzhen OnePlus Technology Co. Ltd<\/a> today told the Delhi high court that its version of the Cyanogen<\/a> operating system (OS) is different from the one that Micromax has an exclusive licence to for use in India.
\n
Shenzhen was recently restrained by the High Court from selling its devices<\/a> in India on Gurgaon-based phonemaker Micromax Informatics Ltd's plea that its exclusive rights were being infringed by the Chinese company.
\n
\nThe Chinese company said that while its handsets were embedded with the CM11S version of the Cyanogen software, Micromax had a different version, and added that this point was not submitted before the single judge who had passed the restraining order.
\n
\nIt also argued before a bench, headed by Justice Pradeep Nandrajog, that the exclusivity clause in the agreement between Micromax and US-based software firm Cyanogen only means that Cyanogen cannot collaborate with any another mobile maker in India.
\n
\n\"It does not mean that we cannot do business,\" senior advocate Kapil Sibal, appearing for Shenzhen, said.
\n
\nHe, however, suggested that his client be given three months time to sell its stock as well as develop another software to substitute Cyanogen, a specialised form of the Android operating system.
\n
\nThe matter was listed for further hearing tomorrow. During the proceedings, the bench observed Cyanogen has not been fair to both Shenzhen as well as Micromax as the US-based firm entered into an exclusive use agreement with the Indian company when it already had an arrangement with the Chinese mobilemaker.
\n
\n\"Your client (Cyanogen) did not show fairness to either Micromax or Shenzhen. If this is how you want to proceed, that is wrong,\" the bench said to the counsel for the US firm.
\n
\nCyanogen had a non-exclusive support and trademark licence agreements with Shenzhen with respect to using the operating software for OnePlus handsets in the entire world, including India but excluding China.
\n
\nThe Chinese company, under the agreement, was also allowed to use the Cyanogen trademark.
\n
\nThe US company later entered into an agreement with Micromax for exclusive use of Cyanogen software and trademark in South Asia and said this arrangement superseded the one with Shenzhen.
\n
\nThe single judge bench of the High Court had noted in its order that Shenzhen could sue Cyanogen for breach of contract, but that would be governed by California state laws. It was without remedy in India as Micromax had a stronger trademark claim.
\n
\n\n<\/body>","next_sibling":[{"msid":45602963,"title":"Samsung might launch its own, superior Apple Pay competitor","entity_type":"ARTICLE","link":"\/news\/devices\/samsung-might-launch-its-own-superior-apple-pay-competitor\/45602963","category_name":null,"category_name_seo":"devices"}],"related_content":[],"msid":45607577,"entity_type":"ARTICLE","title":"Our operating system is different from that of Micromax: OnePlus","synopsis":"Shenzhen was recently restrained by the High Court from selling its devices in India on Gurgaon-based phonemaker Micromax","titleseo":"devices\/our-operating-system-is-different-from-that-of-micromax-oneplus","status":"ACTIVE","authors":[],"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2014-12-23 09:28:01","lastupd":"2014-12-23 09:39:20","breadcrumbTags":["Devices","united states","Micromax Informatics Ltd.","Cyanogen","Shenzhen OnePlus Technology Co. Ltd"],"secinfo":{"seolocation":"devices\/our-operating-system-is-different-from-that-of-micromax-oneplus"}}" data-authors="[" "]" data-category-name="Devices" data-category_id="12" data-date="2014-12-23" data-index="article_1">

设备

我们的操作系统是不同于Micromax: OnePlus

深圳最近被最高法院限制从出售其设备在印度Gurgaon-based手机制造商Micromax

PTI

更新2014年12月23日09:39点坚持

新德里:中国手机制造商深圳市OnePlus科技有限公司今天告诉德里高等法院,其版本的氰操作系统(OS)是不同于一个Micromax独家许可使用在印度。

深圳最近被高等法院将其克制设备在印度Gurgaon-based制造商Micromax信息有限公司的请求,其中国公司的独家权利被侵犯了。

中国公司表示,尽管其手机嵌入式与CM11S版本的软件,氰Micromax有不同的版本,并补充说这一点之前没有提交单一法官已经通过了禁令。

也认为在长椅上之前,由司法Pradeep Nandrajog Micromax之间的排他性条款协议,美国软件公司氰只意味着氰不能与任何另一个手机制造商在印度。

“这并不意味着我们不能做生意,“高级主Kapil Sibal,出现在深圳,说。

然而,他建议他的客户给予三个月的时间出售其股票以及开发另一个软件来代替氰,一种专门的Android操作系统。

这件事明天上市进一步听力。在诉讼期间,板凳上观察氰没有公平这两个深圳以及Micromax美国公司进入与印度公司独家使用协议时,已经与中国mobilemaker的安排。

“你的客户(氰)没有显示公平Micromax或深圳。如果这是你想如何进行,是错误的,”法官说,美国公司的法律顾问。

氰与深圳有排他性的支持和商标许可协议对使用操作OnePlus手机软件在整个世界,包括印度但不包括中国。

根据该协议,中国公司也允许使用氰商标。

后来美国公司达成协议Micromax氰的专用软件和商标在南亚和说这种安排取代深圳。

单一高等法院的法官板凳在其顺序指出,深圳可以起诉氰违反合同,但这将是由加州法律。这是无药可救的,在印度Micromax有较强的商标。

发布于2014年12月23日09:28点坚持

$\"\"$ NEW DELHI: Chinese phonemaker Shenzhen OnePlus Technology Co. Ltd<\/a> today told the Delhi high court that its version of the Cyanogen<\/a> operating system (OS) is different from the one that Micromax has an exclusive licence to for use in India.
\n
Shenzhen was recently restrained by the High Court from selling its devices<\/a> in India on Gurgaon-based phonemaker Micromax Informatics Ltd's plea that its exclusive rights were being infringed by the Chinese company.
\n
\nThe Chinese company said that while its handsets were embedded with the CM11S version of the Cyanogen software, Micromax had a different version, and added that this point was not submitted before the single judge who had passed the restraining order.
\n
\nIt also argued before a bench, headed by Justice Pradeep Nandrajog, that the exclusivity clause in the agreement between Micromax and US-based software firm Cyanogen only means that Cyanogen cannot collaborate with any another mobile maker in India.
\n
\n\"It does not mean that we cannot do business,\" senior advocate Kapil Sibal, appearing for Shenzhen, said.
\n
\nHe, however, suggested that his client be given three months time to sell its stock as well as develop another software to substitute Cyanogen, a specialised form of the Android operating system.
\n
\nThe matter was listed for further hearing tomorrow. During the proceedings, the bench observed Cyanogen has not been fair to both Shenzhen as well as Micromax as the US-based firm entered into an exclusive use agreement with the Indian company when it already had an arrangement with the Chinese mobilemaker.
\n
\n\"Your client (Cyanogen) did not show fairness to either Micromax or Shenzhen. If this is how you want to proceed, that is wrong,\" the bench said to the counsel for the US firm.
\n
\nCyanogen had a non-exclusive support and trademark licence agreements with Shenzhen with respect to using the operating software for OnePlus handsets in the entire world, including India but excluding China.
\n
\nThe Chinese company, under the agreement, was also allowed to use the Cyanogen trademark.
\n
\nThe US company later entered into an agreement with Micromax for exclusive use of Cyanogen software and trademark in South Asia and said this arrangement superseded the one with Shenzhen.
\n
\nThe single judge bench of the High Court had noted in its order that Shenzhen could sue Cyanogen for breach of contract, but that would be governed by California state laws. It was without remedy in India as Micromax had a stronger trademark claim.
\n
\n\n<\/body>","next_sibling":[{"msid":45602963,"title":"Samsung might launch its own, superior Apple Pay competitor","entity_type":"ARTICLE","link":"\/news\/devices\/samsung-might-launch-its-own-superior-apple-pay-competitor\/45602963","category_name":null,"category_name_seo":"devices"}],"related_content":[],"msid":45607577,"entity_type":"ARTICLE","title":"Our operating system is different from that of Micromax: OnePlus","synopsis":"Shenzhen was recently restrained by the High Court from selling its devices in India on Gurgaon-based phonemaker Micromax","titleseo":"devices\/our-operating-system-is-different-from-that-of-micromax-oneplus","status":"ACTIVE","authors":[],"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2014-12-23 09:28:01","lastupd":"2014-12-23 09:39:20","breadcrumbTags":["Devices","united states","Micromax Informatics Ltd.","Cyanogen","Shenzhen OnePlus Technology Co. Ltd"],"secinfo":{"seolocation":"devices\/our-operating-system-is-different-from-that-of-micromax-oneplus"}}" data-news_link="//www.iser-br.com/news/devices/our-operating-system-is-different-from-that-of-micromax-oneplus/45607577">