Reflection on patent rights of a LED enterprise

Interview object: Dongguan Huang Xing Electronic Technology Co., Ltd. General Manager Luo song

Changan is located in the town of Xing Huang Electronic Technology Co., Ltd. in the past few years invested heavily in the development of a new product, the market has won wide acclaim. Can make the business angry, the product into the market soon, it was patent infringement, other companies to imitate the production of similar products, the market has a great impact on the development of science and technology.

Xing Huang technology was forced to court infringement enterprises, in June of this year, the Guangdong provincial high court decided to win the two trial in favor of science and technology. The day before, Huang Xing Technology General Manager Luo song interview with reporters, detailing the rights case after.

The original account manager steals patent technology

Xing Huang technology is mainly engaged in the development and production of outdoor LED display, the company's general manager Luo Song told reporters that the company's own research and development of the product of the two sides of the gold Connaught LED display, with 36 national patent technology. May 2010, Xing Huang technology applied to the installation of LED display unit billboard three prism, the invention patent and utility model patents, and in April 2011 obtained a patent license.

August 2011, Huang Xing technology began to entrust the Foshan Hengbang company processing the patented products. However, Huang Xing Technology technical personnel in the market have found extensive publicity, sales people called a "LED flip screen advertising equipment, and the products used by the core components of the technology belongs to the patent technology Huang xing.

After investigation, Huang Xing Technology found that the triangular profile products in Fujian by the country to entrust Foshan hotou photoelectric company of the "LED flip screen advertising equipment used Aluminum Alloy three prism profiles". Hengbang company accepts the Xing Huang company commissioned at the same time, the product sales to Fujian's power.

Luo song, one of the country to investors Mouceng Xing Wu photoelectric technology and staff, served as clerk, business manager, sales director of Xing Huang, technology products in the production process, the situation of intellectual property rights and market data are very familiar with the customer.

Luo Song said, in 2010, China power was established, Wu a hand as its shareholders, on the other hand, with Xing Technology employees working in Huang Xing Huang's identity. Luo Song told reporters, Wu to negotiate the name of the business, so many times to allow other countries to the other partners to understand the technology and product sales.

Investigation of evidence in the provinces lasted nearly two years

In order to safeguard their rights and interests, Xing Huang science and technology decided to seek justice through legal procedures. In August last year, Huang Xing Technology Yizhisuzhuangjiang in power and Hengbang company to Foshan City Intermediate People's court.

Luo Song said that the rights of the road is extremely difficult. In 2011, Xing Huang technology began to collect evidence, the collection of infringing products sold on the market. We sent people to the sales of products in Changzhou, Anhui, Gansu, Jiangxi and other places, long-distance travel several times, after nearly two years of investigation and evidence collection. Finally, Xing Huang technology has finally made relevant evidence of infringement.

Foshan City Intermediate People's Court of first instance ruling Huang won the technology, the state can not accept the light, then appeal. In June this year, the Guangdong Provincial Higher People's court made a final decision, China can photoelectric infringement, should immediately stop the infringement, the use of manufacturing and sales of Xing Tianhuang technology invention patent infringing products, and destroy the infringing products inventory, any country can compensate Huang Xing photoelectric science and technology economic loss of 130000 yuan.

Although the final win, but Luo song still not happy, we have the patent infringement and the enterprise through the price war, the diversion of some of their old customers, but also through false propaganda to mislead the consumer.

The most popular Huang science and technology feel helpless, although the first instance verdict in favor of their own, but according to their investigation, the national energy is still not stop infringement, they are still in the sale of related products. At the same time, according to Luo song's understanding, the next step will be to take action in order to protect their own interests.

Core staff did not sign a non compete agreement

At present, the LED industry entry threshold is too low, due to the market's corporate cohabitation, plagiarism, imitation of the wind, such as Xing Huang technology such infringement cases, very common. LED has become a frequent infringement of patent industry.

In the face of infringement, many LED companies often choose to swallow, because if you want to resort to legal proceedings, tend to spend a lot of manpower and financial cost, but also a long time, finally, the execution of the law is also a problem. In the case of the above, for example, after the court ruling, the state can not be done in accordance with the requirements of the decree.

After this lesson, Luo song also began to reflect on their own loopholes in business management. He suggested that other LED companies, for their own core business secrets, entrepreneurs should strengthen the awareness of protection, the establishment of strict management system.

Luo song regret is that, because of taking into account and Wu is a good friend, Wu Xing Huang science and technology after leaving, Xing Huang technology did not sign the agreement with the resignation after leaving. Luo song suggested that the company's core staff and technical backbone, enterprises should sign a legal effect with its agreement, in order to avoid risks.