Shenzhen LED enterprise into a patent quagmire into the defendant

Recently, the Huizhou exhibition electronic Co., Ltd. chairman Wang Dingfeng a paper petition to report on the Shenzhen Longgang, a well-known LED company in court. Request the court to order the defendant to immediately stop infringing on a patent for invention and compensation of 10 million yuan. Intellectual property lawyers said that such a lawsuit is only the tip of the iceberg of low-level competition in this industry. LED's core patented technology, has been European, American, Japanese manufacturers monopoly. If we do not take effective measures, more and more LED companies will face the same patent quagmire.

This year, Shenzhen NPC and CPPCC, Shenzhen municipal Revolutionary Committee in the proposal bluntly: since 2011, the external impact of the economic downturn, Shenzhen LED industry encountered difficulties, LED lighting enterprises only closed in 2012 on more than 80, accumulated in the rapid development of problems gradually exposed. Shenzhen LED enterprises mainly in the middle reaches of the packaging and downstream applications, the upper part of the high added value is extremely weak, and the level of technology is relatively backward.

Public information, Shenzhen engaged in LED technology and product research, development, production and application of nearly 2000 companies, accounting for about LED of the country's total number of enterprises around 30%. However, most of them belong to the technical field of LED packaging and application, rarely seen in the production of chips, semiconductor materials, phosphors. Whether it is technology, process, equipment, key raw materials are required to introduce.

It is understood that the current upstream of the LED core patented technology mainly by PHILPS, OSRAM, TOYOTA, Nichia America synthesis, CREE and other well-known manufacturers in Europe and the United States and Japan monopoly.

In the past year, the Chinese patent litigation LED companies have increased significantly. "Intellectual property lawyer Xu Zhibing said, now it seems that the victims of the patent war is the most manufacturers in Taiwan, but in Shenzhen LED enterprises, due to the 70% in the overseas market, with the gradual release of production capacity, market competition is more and more intense, it is difficult to avoid the quagmire of patent.

"And the method of patent war, is not limited to simple litigation. Xu said that many foreign competitors have a patent, the letter will be sent directly to the lawyer's alleged infringement of LED enterprises in overseas downstream customers. These customers because of fear of joint and several liability, often will stop buying Chinese LED products.

According to preliminary statistics, as of June last year, Shenzhen LED patent applications reached 17373, accounting for about 40% of the province. However, in the middle reaches of the industry and downstream packaging and application of patents close to 50%, while in the upper reaches of the industry extension and chips, the proportion of patents less.

Moreover, Shenzhen's LED patents are mostly peripheral patents, the lack of core patents, especially white light, high power LED lamp thermal balance problem, persistent and efficient fluorescent powder and other patents, has been Europe, the United States, Japan monopoly. Shenzhen enterprises to break through this patent barriers, need to make breakthrough progress in the technical route or key materials.

It is understood that the company has core patent core patent more than half of the authorized in China, the scope of protection for domestic and peripheral patent falls within the scope of patent protection in foreign countries, so the domestic enterprises has patent risk. These companies use their core patents, to take the horizontal (while entering a number of countries) and vertical (continuous improvement of the design, for subsequent applications) to expand the way in the world, the layout of a strict patent network. For such a latecomer to the LED industry in Shenzhen, the development of a great deal of patents.

Shenzhen intellectual property research director Han Yin Fan said: "the risk is shown in the following aspects: first, the lack of basic patent, easy to lose the commanding height of the market, the bulk of the profits will be taken away others; if you do not increase R & D efforts and complemented by other measures, such as to obtain more favorable licensing agreement the establishment of a tighter domestic league, may face the same difficulties encountered in other industries; secondly, the invention patent; patent coverage; once again, continue to apply enough etc.. "