LED enterprise patent war risk and opportunity coexist
With the development of China's LED lighting industry, the value chain of LED enterprises will also be extended from manufacturing to various application fields, no longer succumbing to a single product technology system. At the same time, the LED industry's controversial issues in the areas of technology, patents, standards, and applications are also emerging. The global semiconductor patent disputes continue, and with the listing of domestic LED companies, the trend of disputes has spread to the domestic market and is increasing. Now, the awareness of patent protection has gradually been recognized by more and more industries and enterprises. Patent alliances aiming to promote related companies to pay attention to intellectual property issues and avoid potential intellectual property risks are beginning to emerge. So in this context, whether the domestic LED industry patent war has really started, in the face of international market competition, how can domestic emerging enterprises better avoid patent risks and effectively carry out enterprise patent construction? The LED industry patent war began to gradually enter the normalization from the US International Trade Commission to Hongli Optoelectronics, Shenzhen Zhoulei, Dalian Lumei and Hangzhou Silan Mingxin and other Chinese companies launched a 337 investigation to the Japanese patents The domestic LED companies are facing a wave of disputes. The reporters found that several international companies that control the core technology of LED lighting have been relying on a complete patent system to launch litigation incidents against domestic emerging lighting companies in recent years. Obviously, from the low-end OEM production that LED has just emerged to when the domestic listed companies have launched an impact on the higher-margin industrial chain with higher profit margins, the international giants are no longer silent, and they have chosen to raise the big stick of intellectual property litigation. To companies that touch high-voltage lines. So, nowadays domestic lighting companies are only encountering sporadic patent infringement cases, or is it a large-scale patent war that has gradually emerged? Tian Weiping, deputy general manager of Shenzhen Zhongcaian Technology Co., Ltd., believes that the intellectual property disputes of domestic LED companies will be concentrated in three years or so, and there will be a patent war situation. The sporadic patent litigation situation in a short period of time will continue for some time. This period of time is an important time for domestic companies to lay out patents and gain a foothold. Lei Zhigang, deputy secretary-general of the Intellectual Property Research Center of China University of Political Science and Law, said that the patent warfare between enterprises is imminent, but this imminent situation must be based on the premise that enterprises seek transformation and upgrading. Patent strategy, patent early warning and patent layout are a process of accumulation of patents. Patent analysis in advance, including patent protection scope and patent litigation differences, is a problem for enterprises to win and lose in the face of patent warfare. Of course, if the company does not have a clear brand and product positioning, and the strategic transformation of the company remains in a wait-and-see state, the so-called patent war will not come. Of course, whether it is imminent or three years, the LED industry patent war has begun to gradually enter the normal state, if the enterprise has not yet established the awareness of patent protection, public opinion on the patent layout and the patent war. Therefore, with the extension of the enterprise value chain, it is necessary to cope with the patent litigation wars that come at any time and enhance the voice in the international market competition. The coexistence of LED enterprise patent war risks and opportunities mentioned earlier, the gradual normalization of patent warfare allows enterprises to avoid it, and at the same time let the risks and opportunities that come with it be placed in front of them. In international patent litigation, international giants use internal competition and cooperation to achieve reconciliation through mutual acceptance, ensuring their close cooperation in standards development and full competition in product technology. Being constantly hurt. At the same time, in many practical cases, the main body of patent protection is unclear, and the content of protection is becoming wider and wider. The dispute field extends from the traditional extension, chip field to application field, and there are more and more types of lighting applications and manufacturers involved. Therefore, for emerging companies, the risk of accidental infringement is not small, and the opportunities that can be transformed can not be ignored. In the large-scale patent war, enterprises' risks and opportunities coexist, and they can effectively transform each other. Sun Yinsheng, legal director of Beijing Deli Intellectual Property Services Co., Ltd. believes that in the early stage, the company's patent materials and technical conditions can be used as reserves. In the event of a patent litigation or patent dispute, it can be used as a weight for negotiation. At the same time, when the number of patents that enterprises need to maintain reaches a certain amount, the maintenance cost will be very considerable, so many innovative companies may not be suitable or even more harm than good. In addition, the earlier layout of the patent war will make its own patent competition more effective and in a more powerful position in the patent war. If you don't form an effective network that can prevent competitors from entering the technology field, it will give you a chance. The patent alliance formed by international business groups has also discredited many companies from participating in industry standards and patent rights. Yan Shirong, director of the Guangdong Semiconductor Lighting Industry Joint Innovation Center, said that the domestic LED industry is concentrated in the middle and lower reaches, mainly in small and medium-sized enterprises, with short development time and weak technical strength. In the face of patent litigation, it is impossible to obtain equal negotiations. Rights are often isolated from core patent licenses and are easily targeted by patent alliances. At the same time, because the cost of patent litigation is too high and the long process is complicated, many companies have insufficient confidence and difficulty in coping, and have been in a weak position. More importantly, the weak position in the patent war has made the company's R&D and growth difficult, and it is in a vicious circle in the market competition, which also makes domestic enterprises pay more attention to intellectual property management in the process of growth. The patent construction of an enterprise should abandon the extensive mode to avoid patent risks and grasp the patent opportunities. The most important thing is to establish a patent management framework system for enterprises. After extensive and rapid growth of the industry, the stage of resource integration and innovation has gradually established. However, in actual cases, many companies' patent applications have not been effectively laid out, or even disordered. These ineffective patent application procedures will ultimately not form effective combat power and become a loose sand when faced with strong barriers. Therefore, many intellectual property experts have begun to call for companies to discuss the issue of LED patent layout from a strategic perspective. This strategic consideration includes the layout of product patents from specific products from the overall industrial chain or industry location. For enterprises, the layout of the international market should first be done without a move, and patents should go first. Before the export of products, do a good job in patent investigation and analysis in the target market area. At present, the concentration of LED core patents is high. Domestic products are easy to step on the high-voltage line of intellectual property infringement, whether domestic or foreign. Once triggered, most enterprises will be severely severed. The protective measures were repelled. At the same time, gradually accumulate its own patents, based on long-term market interests, to meet the international market competition can not be without food. Yun Danping, deputy director of the High-tech Department of the Guangdong Provincial Department of Science and Technology, believes that the upstream and downstream industry chain technologies such as LED chips and packaging are mainly concentrated in the hands of international giants, and domestic enterprises are mostly concentrated in terminal applications. Faced with this dilemma, we should pay more attention to the formulation of standards. These standards can be combined with packaging, application, heat dissipation and even patents. Its core role is even as good as core technologies such as LED chips. He believes that in the process of formulating relevant standards, China also has certain advantages. According to statistics, the number of domestic LED patents has reached 120,000, which is a huge intellectual property resource. In addition, based on China's vast market potential, China can fully occupy a place in the standard formulation. The standards that are followed continue to be unified, and domestic enterprises will also occupy a certain strong position in the disputes over patent litigation. Long-term intellectual property management and innovation can not be cultivated in one day. In the face of upcoming patent disputes and cooperation, all parties need to continue to work hard. Enterprises must have a strategic vision, the government must guide the situation, and the alliance must hold a group. Warm up and cope with it.
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