Zhang Jianping Song Duan Tao
In 2004, Japanese electronic enterprises suddenly launched a well-planned "patent crack plan" for its Korean competitors: April, Fujitsu assumed the latter to Japan tokyo local court with Samsung violated its plasma display panel patented technology. And the United States Losa Federal Local Court; enter November
Series, Mitsubishi Electric portability of winter and cold flow, to the Tokyo Local Court to invade LG Electronics violations of its plasma display panel patents, request the court to decide LG electronically to stop selling plasma displays in Japan, and requests Japanese customs authorities to block LG related products; On November 9, Toshiba also joined the battle, respectively, to Japan to Beijing and the Texas Local Court of the United States, the Korean modern semiconductor company violated its storage chip patents. At this point, the strongest three major electronic giants in Korea have encountered the "patented shellings" of Japanese competitors. The shooter first shot horses, the thief first smashed the king, Japan's patented big sweeping in the Asian area was unveiled. The next goal is China? Winter in Beijing, chills. More than 10 Japanese e-giants such as Panasonic, Hitachi, Sony gathered in Beijing, and held an internal seminar that refused the media from China's relevant government departments and industry associations. It is believed that the theme of this seminar is how Japanese companies strengthen their intellectual property protection in China through the Chinese government and industry associations. The occurrence of things is not accidental. Lenovo's "patent attack" encountered before the Korean business, the industry insiders can't help but exclaim: What is the next hit target? ! In fact, in May 2000, under the organization planning of the Japanese Chamber of Commerce, more than forty Japanese famous companies from automobiles, motorcycles, electronics, machinery, food, medicine, chemical, daily necessities, furniture, books and other industries are Beijing has established an intellectual property alliance organization named IPG (Intellectual Property Problem Group), regularly held a meeting, intended to take collective action in a suitable timing, and a heavy blow to infringement. In recent years, my country has gradually become a key to preventive objects of developed countries to implement trade protectionism, and foreign countries have become increasingly increasingly increasingly increasing. Therefore, Japanese companies teamed up to strictly ablate infringement in my country, just a morning and evening. In 1998, Gates once said such a "notorious", "selling 3 million computers every year in China, but Chinese people don't spend money, although sometimes they will buy. As long as they want to steal, we I hope they will steal us. They will be addicted, and we have seen the acquisition of the next decade. "How to successfully implement the intellectual property strategy to fight in China? For timing choices, multinational companies have formed a basic consensus: not eager to seek, kill chickens, and kill them. In recent years, China's electronic information industry has developed rapidly. With the continuous improvement of production technology and the increasing development of manufacturing scale, add low cost advantages, making China's manufactured electronic equipment and components in the international market share Greater, there is a relative decline in Japan's competitors' profits. Today, multinational companies have used intellectual property strategies as an important tool for competing for the world market, and seek more profits. The purpose is to turn companies enterprises in developing countries into "foundry", so that the latter only get the most basic survival profits, 残 延 残, There is no ability to accumulate funds for technology research and development, so that yourself have the highest end of the food chain. As early as ten years ago, many of Japanese companies have also increased their intensity of patent applications for China while expanding the Chinese market. According to statistics from the State Intellectual Property Office, since the implementation of "Patent Law" in 1985, Japanese companies have reached the top of my country's patent applications and authorizations, especially since 1999 to 2003, Japan Enterprises have received 32674 patents, which is much higher than 18447 in the United States. It is possible to smash the world's first patented country United States to the second place, and there is a huge potential market of China's Japanese companies. These patent licenses of Japanese companies are like a mine, and the joints constitute a mine area, and the research and development is weak, the patent consciousness is weak, and the Chinese high-tech enterprises that need to manufacture and sell the hair will enter the crisis four-ruthless "patents" Lei area.
Once the time is mature, Japanese companies will collectively move, and the legal weapons are played, and the "fish" in the mine is exhausted, sitting on the fish. The digital camera is the first to rush. At the same time, domestic digital cameras has brought a bigger potential crisis early: It is possible to face foreign manufacturers, and also use intellectual property cannons. At present, the Japanese camera manufacturer monopolizes the core patented technology of digital cameras. One of the photosensitive elements of key components CCD and CMOS are held by Sony and Canon, in which CCD has complex, only Sony, Philips, Kodak, Panasonic , Fuji and Sharp these manufacturers can mass production; while in digital camera photos storage technology, the Flash Memory technology used by the CF card has been applied for patents in Toshiba. The SD card technology is held in Panasonic, and the patent rights of memory sticks belong to Sony , SM cards and XD cards are the proprietary technology of Fuji and Olympus. In this analysis, domestic digital camera manufacturers are naturally not cold. The former car is previously, for patent disputes, the most donor's heartache is the 2002 DVD style. In this regard, Wan Yan's heartache must be unforgettable. As the VCD in the DVD, it was the earliest invention in 1994 in 1994, but the Wan Yan is short, and only the mass growth VCD quickly occupied the market, but did not know what patent protection. After Wan Yan's VCD was launched, it immediately attracted hundreds of companies to compete. Since there is no patent protection, Wan Yan has no power to the 獗,, the market share has fallen by 2%, and finally, the market that will not worry about the development of the market, it is helpless, but he has become a "pioneer" "Martyrs". Suppose Wan Yan has hired a professional before listed on VCD, then apply for the relevant technical patents. Then, the situation will be completely different, and hundreds of billions of market will completely fall into its own control, Wan Yan also becomes a truly Have a core technology and an electronic giant of independent intellectual property rights. Pain thinking: Everything is weak because of patented awareness. Another embarrassment of domestic high-tech enterprises patent awareness is the blindness of the R & D plan. Many companies have only conducted a general market survey and forecast before I am going to Ma, and I feel that it can be saved. I have not investigated it. Inside the competitors, the patent is analyzed. After the development of the product, it is also known as "independent design, owns independent intellectual property", but after investing huge funds, it has been found that the core patented technology of these products is in a certain. In the hands of some multinational companies, the product has entered the "patented mine area" that others carefully arranged in advance. The wave of knowledge economy is full of, swirls are four, and if you want to grow waves, you will not lose the direction, you must use the patent strategy as a gamber developed by the company. In this regard, Ranco is a model of our side. It is because of the unswerving implementation of patent strategy. It has established Juran, who has achieved mobile storage technology, with "Global Mobile Storage Leadership Manufacturer". Self-residential, even frequently developed infringement pressure to large-end manufacturers such as Huaqi, Sony, firmly controlling the initiative of the mobile storage market. Let's take a look at how the savvy Japanese "teacher will be worn". In the 1970s, an engineer in Switzerland invented the electronic watch technology, but proud Swiss is only satisfied with the global mechanical market, but it is not realized that the electronic watch will cause the revolution of the watch industry. But the Japanese saw its huge market value, bought patents and put it into huge investment, and mount the throne of the electronic watch kingdom. The final result is: Due to the impact of the Japanese electronic watch, many watch plants in Switzerland are closed, causing a lot of workers to be unemployed. But the Japanese also have a bitterness of patents.
In the 1980s, Japanese manufactured cars, electronic products were thrown into the US market, because the price is low, the workmanship is beautiful, and its US competitors can't fight. But very quickly, Americans wake up God, launched a violent counterattack, and they sacrificed the killer, the "patented big rod", Toyota, Honda, Nissan, Sony, Panasonic, Canon, Minolta, 理 光, 奥林Japanese big-name companies such as Bath, Nikon have encountered patent infringement lawsuits. As a result, Japanese either be sentenced to pay high infringement compensation, or not to keep conformity by paying high patent licensing fees. At that time, the Texas Instruments (TI) a company, taking approximately $ 1 billion in patented licenses from Japanese companies within five years. Eat a meal, a long time, the Japanese re-climbed in the fall. Since the 1990s, the Japanese government tried time, making a react, establish a sound intellectual property system, enhancing the research and development of original technologies and increased patent applications. After more than ten years of hard work, now, Japan has surpassed the European countries, and became the world's second largest patent strength, second only to the United States. In March 2002, the Japanese government established the joint system of the intellectual property strategy. In July 2002, the "Intellectual Property Strategy" was established in July 2002. In November, the Basic Law of the Intellectual Property is established in March 2003, in March 2003, the Intellectual Property Strategy was established, from Japan Prime Minister Xiaolong Peirang personally served as Minister, and launched the "Intellectual Property Strategic Promotion Plan" in July, and proposed specific policy measures to implement the "Intellectual Property Strategy Outline" during the 3rd year, and clearly proposed "Science and Technology" to " Intellectual property ownership. On the way to the knowledge economy, Japan's institutional design is ahead. The battle strategy faces Japanese manufacturers to come to the patent offensive, and domestic manufacturers suspected of infringement should not sit in, but should actively respond to the enemy and actively counterattack. After receiving the infringement warning, don't panic, don't set it, first, patent lawyers should hire a patented lawyer to conduct a comprehensive analysis and investigation of the patent, and determine the effectiveness of the patent. The patent protection period is only 20 years. The expiration patent is invalid, and a patent is not allowed to obtain authorization, there are many reasons to cause it to be invalid, such as lack of patented tri-sex (novelty, creativity, practical), and the claim failed The full support of the specification is obtained, and the modification exceeds the original publication range. According to the relevant provisions of my country's patent law, the patent application volume that has been published or announced by the National Intellectual Property Office, and can understand the original patent in the approval process by carefully studying various original documents in the application case. Various modifications. As long as you can collect relevant evidence, you can request the original patent to be invalid according to the relevant provisions of the patent law, and the original patent is requested to be invalid, thus obtaining the chips knocked down the other party. For example, US Pfizer uses Viagra patents to combat infringement in my country, which is invalid as an invalid declaration, and the Patent Review Committee made the patent invalid decision, which is a typical case. If it is determined that the patent is not improving, it is necessary to analyze whether the technology of the technology really falls into the protection scope of the patents through comprehensive coverage principles, equivalent alternative principles, prohibiting the principles of repentance. The scope of protection of the patent claims is not fully incorporated, and its own behavior does not constitute an arbitrary defense. Even if you confirm your own technology constitutes infringement, it is necessary to actively collect evidence that can exempt damages, such as evidence of prior utility, implementing the behavior of non-naked behavior.
