337 investigation of Guangdong LED enterprises to embrace or respond to good policy

The "NPC and CPPCC" has just concluded in the report, Premier Li Keqiang proposed to strengthen the implementation of the strategy of going out, pay attention to risk prevention, improve the protection of the rights and interests of overseas rights, let China enterprises go out, go steady, grow and develop in the international competition. And on the occasion of the fifteenth World Intellectual Property Day in April 26th, the United States International Trade Commission (ITC) on the CREE allegations of the four LED companies launched a survey of 337, has aroused strong concern in the industry.

337 on the surface of the investigation is the intellectual property rights dispute, in essence, is considered to be the market competition. China has been the most involved in the country, ITC official website data show that last year, China's 12 cases of a total of 337 cases of investigation, accounting for about 30% of the total, of which Guangdong involved in the case, is the country's most involved in the provinces.

The day before, Shenzhen University launched a campaign for "four LED companies were 337 investigation and emergency countermeasures will. Official organizations, private institutions, universities, entrepreneurs and the lawyers representatives who have run, try to help LED companies to read the "inhibition", playing the "combined" to change the possible patent.

I believe your influence

Guangdong's future or greater impact

School of electrical engineering, Shenzhen University, Professor Chai Guangyue analysis, the CREE initiated 337 investigations involving 8 patents, from epitaxial chips to packaging applications are involved, the basic coverage of the whole industry chain LED.

How big is the investigation? Unindicted LED enterprise is not standing on the sidelines, can sleep without any anxiety?

Guangdong province LED Industry Patent Alliance chairman Gui Shirong said: not necessarily, only that the current domestic enterprises are not strong enough to threaten the interests of CREE. "

His analysis, the part of the patent involved in LED, in addition to obtaining legal protection in the United States, CREE also obtained the patent protection in China by priority. If one day CREE combined with international giants PHILPS, GE, OSRAM, the establishment of a patent pool or patent alliance with their patent, full stop China LED enterprises in Chinese, manufacturing and sales of the patented product, or part of many China LED industry enterprises may suffer a heavy blow.

Guangdong intellectual property research and development center director Li Qiang believes that the 337 survey, although not for Guangdong, but Guangdong is the province of LED, the next may be greatly affected. "Step back and say we can sacrifice some of our economic benefits, but the bottom line is not to lose the market. If not as soon as possible to 'inhibition' into a 'golden', and then back, so we have to make a sure card. "

Shenzhen University law school professor Li Yang believes that the 337 survey, the biggest problem is not enough attention. "One is being sued by enterprises do not pay enough attention, two is not directly involved in litigation, but related litigation technology enterprises total holding none of my business mentality. Once involved in the 337 survey, the parties and related enterprises should be taken seriously, not when the ostrich. "

How to deal with your masters

Thorough analysis of the opponent's patent

Lu Ming Technology Group Chairman Xiao Zhiguo believes that the CREE provides a very solid foundation of patents, and can also continue to extend, it is difficult to avoid. So ahead of schedule layout is very important, one of the most effective weapon is to hold together to form a bargaining weight.

Li Qiang believes that the LED industry patent alliance is currently a joint venture to establish a patent pool, in order to jointly cope with foreign patent issues. "Companies can sign an agreement with the league, the right to the entire lawsuit to the alliance, the alliance to set up a technical, legal, patent, including a strong team of experts, consistent with foreign. "

He also reminded the enterprise: after the attention should also avoid extremes, do not give up. This point to learn from HUAWEI. "

Chi vision President Li Jun also expressed the same view: we are the founders of the three ZTE and cool, the United States Department of intellectual property director. In our experience, once sued, it is necessary to actively respond, but the status quo is a lot of people in the helm of intellectual property rights is not a comprehensive or deep understanding, which is a difficulty. "

He believes that when faced with litigation, companies must first analyze the opponent's patent thorough. Cool in 2012 to enter the U.S. market, why did not like millet, Samsung, as a major lawsuit? How to do it? We have Samsung, apple and Motorola each flagship product patents are very thorough analysis, set up a database management system, to analyze each product of each competitor, so to enter the American market in front of the risk well, which avoid the risk. Intellectual property is actually a competition rule, who is your competitor, pay attention to it, analyze it. "

Sun Yinsheng, director of Beijing German power is recommended that companies actively apply for patents. "There is a patent in our country, regardless of whether the patent is created by you, as long as you can fight with others, at least have the qualifications and weights of the negotiations. So companies to apply for patents, especially in international applications, the government will give a lot of funding, so companies should be good at using government resources to do a good job of patent layout. "

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