LED lighting, that is, LED lighting, is widely welcomed by consumers because of its energy saving, environmental protection and long service life. Therefore, more and more practitioners have entered the LED lighting industry, and related intellectual property disputes are frequently reported. . LED lighting, that is, LED lighting, is widely welcomed by consumers because of its energy saving, environmental protection and long service life. Therefore, more and more practitioners have entered the LED lighting industry, and related intellectual property disputes are frequently reported. . Because it believes that the US Cree company (hereinafter referred to as the US Cree) research and development and promised sales, Huizhou Cree Semiconductor Lighting Co., Ltd. (hereinafter referred to as Huizhou Cree) manufacturing, Shenzhen Meizhongji Electronics Co., Ltd. (hereinafter referred to as the US-China company) sales A number of LED products infringe on their own two patents for inventions. Shenzhen Science and Technology Investment Co., Ltd. of Shenzhen Academy of Sciences (hereinafter referred to as the Intellectual Property Company of the Chinese Academy of Sciences) sued the above three companies to the Guangzhou Intellectual Property Court and the Shenzhen Intermediate People's Court. The three defendants were required to immediately stop the infringement, and each case was compensated for an economic loss of 1 million yuan. Recently, the two courts have accepted the case separately. As the party involved in the case, Cree is a global leader in the LED lighting industry. The Intellectual Property Company of the Chinese Academy of Sciences is the only company engaged in intellectual property business operations of the Chinese Academy of Sciences (hereinafter referred to as the Chinese Academy of Sciences), and this is the initiative of domestic rights holders to the industry giants. Patent infringement litigation, therefore, the case has received widespread attention in the industry. Industry giants sued for infringement Public information shows that Founded in 1987, Cree is the world's leading lighting innovator and semiconductor manufacturer. At the end of 2009, American Cree invested in Huizhou Cree in Huizhou City, Guangdong Province, to manufacture optoelectronic devices. The intellectual property company of the Chinese Academy of Sciences relies on the strong technical research and development capabilities of the Chinese Academy of Sciences, through intellectual property investment and operation, revitalizing the intellectual property assets of the Chinese Academy of Sciences, and promoting the transfer of scientific and technological achievements. The two companies did not have too much overlap before. Wang Xiaogang, general manager of the operation department of the Intellectual Property Corporation of the Chinese Academy of Sciences, said in an interview with the China Intellectual Property News that in recent years, the domestic LED industry has developed rapidly, and more and more domestic companies have begun to focus on the development of overseas markets. However, it is not easy for domestic enterprises to go out. Some enterprises have been sued for patent infringement, and some have also encountered 337 investigations. Under this background, the intellectual property company of the Chinese Academy of Sciences has sorted out the relevant technologies and patents owned by the Chinese Academy of Sciences, in order to avoid the hidden dangers of patent infringement in the implementation of patent conversion. In the process, the company found that a number of LED products launched by Cree were suspected of falling within the scope of the Chinese Academy of Sciences' claims for two invention patents, alleged to constitute infringement. Wang Xiaogang introduced that the Institute of Semiconductors of the Chinese Academy of Sciences (hereinafter referred to as the Institute of Semiconductors) is a research institute affiliated to the Chinese Academy of Sciences specializing in semiconductor materials and optoelectronic devices. Up to now, it has more than 100 patents in the field of LED technology. In July 2010 and December 2012, the Semiconductor Institute submitted two invention patent applications to the State Intellectual Property Office for a method for fabricating a gallium nitride-based light-emitting diode and a high-luminance flip-chip LED. Authorized in March 2014 and March 2015. In May 2016, the Intellectual Property Company of the Chinese Academy of Sciences and the Semiconductor Institute signed an implementation license agreement for two patents, and obtained a number of rights to implement two patents and enjoy the benefits. However, after investigation by the Intellectual Property Company of the Chinese Academy of Sciences, it was found that a number of series of products that the US Cree promised to sell on its official website and manufactured by Huizhou Cree were suspected of falling within the scope of protection of its patent claims and were suspected of infringement. At the same time, Huizhou Career as the manufacturer, the US-China company as a seller should bear the corresponding legal responsibilities. After the communication failed, the intellectual property company of the Chinese Academy of Sciences sued the three companies in two cases to the Guangzhou Intellectual Property Court and the Shenzhen Intermediate People's Court. The reporter repeatedly contacted American Cree and Huizhou Cree. As of press time, the other party did not reply. US-China Kyrgyzstan said that it has stopped selling the goods involved and hired a lawyer to respond. Concealing the layout to avoid disputes. It is a matter of fact. It is necessary to wait for the court to further hear the judgment, but the warning significance brought by this case cannot be ignored. Liu Hanlun, chairman of Taiwan Dingzhi Management Consulting Co., Ltd. in Taiwan, said in an interview with China Intellectual Property News that the domestic LED industry has developed rapidly in recent years, and the industry has begun to take shape, forming a relatively complete industrial chain and industrial development. The gap between key technologies and international levels is gradually narrowing. With the advantages of product cost and other advantages, many domestic companies focus on the development of overseas markets. However, due to the early start of the field in Europe and the United States, R & D strength, has accumulated a large number of basic patents. When the two are short-lived, domestic companies are often in a passive position. Therefore, the intellectual property company of the Chinese Academy of Sciences filed a patent lawsuit against the giant company, which not only demonstrates the high intellectual property strength of the domestic LED industry, but also intends to tell the giant company that to enter the Chinese market, it is necessary to respect China's intellectual property rules and make patents in advance. Search, etc. In this regard, Wang Yonghong, deputy director of the Intellectual Property Committee of the All China Lawyers Association, believes that due to the late start of the domestic LED industry, intellectual property accumulation is still relatively small, although each company has submitted a patent application and obtained authorization according to its own situation, but related patents. Mainly concentrated in the middle and lower reaches of the industry, especially in the packaging and application links, the real layout of intellectual property rights is still relatively small, lacking the confidence and bargaining power to compete with international giants. Therefore, the IPR patent lawsuit initiated by the Chinese Academy of Sciences has a positive significance. It not only shows that the Chinese Academy of Sciences has realized the huge market power of its huge patent reserves, and has begun to try to use patents to bring benefits to itself. More importantly, this shows that the Chinese Academy of Sciences is willing to In the domestic LED industry facing the intensification of foreign patent risks, it will compete with international giants to help Chinese enterprises establish a fair competition in the industrial order. In Wang Yonghong's view, in international competition, patent litigation is the most common means of competition, and the goal is to protect their own market interests. When Chinese companies enter the international market, international giants use patent litigation to curb. This is an international competition law that domestic enterprises must adapt to. In order to be able to gain the upper hand in international competition, domestic enterprises must strengthen patent layout and strengthen technology research and development. Jiang Jiani, assistant to the director of the Foreign Economic Law Institute of the International Economic and Technical Cooperation Center of the Ministry of Industry and Information Technology, said in an interview with this reporter that from the perspective of patent quality, there is still a gap between domestic LED lighting technology and European and American industry giants. Domestic LED lighting industry can be a very limited company for independent chips, most of which are imported from Europe and the United States and other countries and regions of the chip, materials, etc. In addition, the domestic LED lighting industry in the processing technology and Europe and the United States and other countries and regions giants gap. It is necessary to formulate and implement the company's own overseas intellectual property strategy as soon as possible, strive to lay out relevant patents as early and planned in the target country market, and actively participate in the formulation of relevant international standards. Liu Hanlun suggested that, first of all, relevant practitioners should always have the awareness of risk prevention and control, and carry out the intellectual property layout in advance, not only in China, but also to submit patent applications overseas in advance to prevent problems before they occur. Second, relevant practitioners should always be prepared to deal with international litigation. When products are delivered to European and American markets, they will inevitably be sued by competitors for patent infringement. Therefore, before the product is exported, a professional consulting team or a team of lawyers can be hired to conduct patent searches for the local market and prepare for the possible litigation. When the lawsuit comes, don't evade it, and actively respond to it.
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