Foshan has a large number of small and medium-sized enterprises. However, the “cottage” incident has emerged in an endless stream, and patent plagiarism has become a common practice. Intellectual property disputes such as patents and trademarks continue. Recently, Chancheng was approved to start the work of the national patent insurance pilot zone. The government recruited the insured enterprises to subsidize and guide enterprises to use market-based means to protect their own intellectual property rights.

Nowadays, patents have become a kind of war weapon behind the scenes among enterprises in various industries, and it is no exception in the field of LED lighting. Industry insiders predict that in the current situation that the core technology of lighting is mainly in European countries, in the next two to three years, it is very likely that foreign giants will collectively accuse the local small and medium-sized lighting companies of patent infringement. At the same time as the government is leading the way, the company itself should raise its awareness of self-protection, and it is even more important to "carry the group".

status quo
Core patent issues become barriers

It is understood that the patent war is a commercial competition means and strategy for LED manufacturers. At present, the global LED key patent technology is Philips, Osram, Nichia, ToyodaGosei. Cree, the five major factories, is firmly in control with cross-licensing. Although the technical application and promotion conditions of LED lighting are becoming more and more mature, most enterprises do not have LED core patents and technologies in their hands. This is the biggest problem facing domestic enterprises in the LED industry.

The core patent barrier of lighting enterprises is like a sword hanging on the head of the local LED industry. As the core patents are controlled by overseas manufacturers, enterprises are at any time facing the risk of patent infringement. Dong Pingnian, an LED consultant at Foshan Lighting, once said, “In the initial stage of the company, the patented factory deliberately pretended to turn a blind eye and adopted the strategy of “watering and raising fish”, and then took a step back and took the new company to court.” He pointed out that if there is no patent in China's LED industry, it means that there is no defense tool. In the patent dispute, it is in a passive beating position and can't do anything about it: on the one hand, the enterprise fears that the core technology patent is infringed by foreign giants, on the other hand, it is its own invention. The awareness of patent rights protection is not strong.

According to the relevant person in charge of the Intellectual Property Department of Chancheng District Economic Promotion Bureau, there are many building materials enterprises in Chancheng. In recent years, the innovation ability of enterprises is very strong. From January to July this year, the number of invention patents in Chancheng District reached 139, but Compared with the "high-yield" invention patents, the road to rights protection of patented products is slightly lagging behind. It is understood that since 2010, the Chancheng District Government has allocated a special fund of 1.2 million yuan per year to give certain subsidies to each insured enterprise. However, due to the low awareness of patent rights protection of Foshan enterprises, the number of patent insured enterprises has not increased much in the past two years. Up to now, there are only 113 companies that have insured patents, and 1300 patents have been insured.

Recruit
Government subsidies guide enterprises to invest in patent insurance

With the intensification of market competition, in the context of trademark and patent disputes becoming more and more normal, as early as 2009, Chancheng has creatively introduced financial protection into intellectual property rights, and pioneered patent insurance in China, and in December 2010. On the 21st, the first domestic patent infringement policy was born. Recently, Chancheng District has been approved as the first patent insurance pilot zone in China. In the future, if a company insures a patented product, it can not only obtain the benchmark premium subsidy provided by the government, but also obtain 90 times of premium compensation if it is infringed.

Different from the previous one, the amount of claims for this patent insurance has been raised from 6 times of the past premiums to a minimum of 15 times and a maximum of 90 times, and the number of patents insured is no longer limited. At the same time, the Chancheng District Economic Development Bureau also set up a patent insurance technical expert group and a rights protection assistance group to guide enterprises' patent disputes and patent rights protection matters.

According to the relevant person in charge of the Intellectual Property Department of the Chancheng District Economic and Trade Bureau, there are many ceramic, aluminum and building materials companies in Foshan's insurance companies. Next, it will establish and improve the patent insurance service system, carry out the patent custody of the insured, and formulate the enterprise patent insurance application review process. When launching more enterprises to participate in the insurance, it will prevent the “patent patent” from being insured. In addition, the Chancheng District Intellectual Property Office will jointly conduct service and supervision of the patent insurance business with the District Financial Office and the Arbitration Commission, and mediate and arbitrate disputes arising from patent insurance and claims.

Liao Miaofen, senior manager of Haitian Seasoning Food Co., Ltd. said that patent insurance can be settled immediately upon filing a lawsuit, and that the intellectual property protection association can coordinate it, which can greatly reduce the cost of protecting the rights of enterprises. The reporter learned that Haitian has insured 10 patents for the company and chose the compensation plan with a maximum amount of 90 times.

Suggest
Patent Wars Enterprises Should Respond

As market competition intensifies, patent disputes will become the norm, and what is the future trend of local lighting companies? In this regard, Wu Yulin, president of Foshan Lighting Association, said that the more listed companies in the mainland, the more objects that international giants can start, and the huge potential demand in the mainland, and soon will become the major LED industry. The main battlefield of the competition, the patent war may break out. "In the current situation that the core technology of lighting is mainly in European countries, in the next two to three years, it is very likely that foreign giants will collectively accuse the local small and medium-sized lighting companies of patent infringement."

Wu Yulin suggested that when the current LED core technology is in the hands of countries such as Europe, enterprises should "make a group" for development. For example, through the establishment of a patent alliance, the patent strategy research will be strengthened to achieve the rational distribution of patents and the purpose of defending against infringement; on the other hand, the establishment of the alliance, as the beginning of the strategic integration of LED industry resources in the region, the domestic LED industry may break through Bottlenecks, accelerate the development of the LED industry, in order to obtain a number of independent intellectual property products, to cope with the "encirclement and suppression" of the international LED giants.

In addition, Wu Yulin believes that with patent insurance, companies can focus more on product development and management because of the mediation of patent infringement by third parties. “Compared with large enterprises, this kind of insurance has more meaning for small enterprises. In fact, the smaller the enterprises, the more patent insurance is needed, especially those companies with only one or two patents. Once the defendant infringes, it is equivalent to losing the only patent. capital."

(This article is reproduced on the Internet. The texts and opinions expressed in this article have not been confirmed by this site, nor do they represent the position of Gaogong LED. Readers need to verify the relevant content by themselves.)

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