Once upon a time, a sudden patent war, the Chinese DVD industry suffered a catastrophe, because the enterprise was overwhelmed, resulting in the painstaking efforts of the DVD industry in China for many years. The same experience has also occurred in the photovoltaic industry that we have been proud of. Due to the patent “Waterloo†in overseas, the leading enterprises represented by Wuxi Suntech have gone bankrupt and delisted, giving the photovoltaic industry that once became hot in the domestic market. Splashing a cold water, let the people really taste the bitterness of the patent.
In order to avoid repeating the mistakes and create a good intellectual property development environment for China's LED industry, the LED Industry Patent Alliance initiated by the Guangdong Semiconductor Lighting Industry Joint Innovation Center (hereinafter referred to as the Joint Innovation Center) was established in Guangdong, and the patent alliance will be integrated. Relevant valuable resources, establish a patent data platform for LED industry, analyze the industrial technology trends, the patent layout of major competitors and the hot spot of industrial technology through the retrieval of patent data of LED industry at home and abroad, and provide intellectual property rights for alliance members and domestic LED enterprises. service.
Experts said that despite the rapid development of the domestic LED industry, it still faces many difficulties. On the one hand, the future LED industry patent warfare is spreading, which can be described as a crisis lurking and dangerous. The external intellectual property pressure poses a threat to the healthy development of China's LED industry. On the other hand, many domestic science and technology workers and universities have many patents, but It is difficult to achieve industrialization. Through the establishment of a patent alliance, it is possible to integrate industry resources, resolve internal contradictions, improve the ability to respond to external intellectual property litigation, and accelerate the promotion of the right of Chinese LED companies to speak in the international market.
status quo
The scale of the industry continues to expand, facing external litigation pressure
The data shows that in 2013, the overall scale of China's semiconductor lighting industry reached 291.5 billion yuan (excluding supporting equipment, materials, exhibitions, testing and other service industries), of which the upstream epitaxial chip scale reached 13.8 billion yuan, and the mid-stream packaging scale reached 63.8 billion yuan. The scale of downstream applications reached 213.9 billion yuan. China's semiconductor lighting industry has begun to take shape, forming a relatively complete industrial chain. A number of key enterprises are thriving, the gap between key technologies of industrial development and international level is gradually narrowing, and demonstration applications are among the highest in the world. The functional lighting market is Step by step.
In the interview, I learned that in recent years, Chinese LED companies have expanded their overseas markets by virtue of their cost advantages, which has brought some pressure on international competitors. At the same time, international big companies are also coveted by the huge Chinese LED market. The patent pressure imposed by domestic companies can be seen in a glimpse. According to the LED Patent Trend Analysis Report released by the Joint Innovation Center, as of May this year, global LED patent litigation cases are on the rise, with overseas companies filing as many as 20 domestic LED companies.
Hangzhou Lilijie Semiconductor Technology Co., Ltd. (hereinafter referred to as Lilijie) is a domestic enterprise engaged in the production of LED driver chips. In the process of enterprise development, it has encountered a “raid†of patents by foreign companies, allowing the company to patent Pay special attention. “We have continued to expand our market share with our technological leadership in the process of growth. Therefore, we have experienced various “harassment†of patents by foreign competitors both at the start of the company and on the eve of the listing.†Jie Bing, chief technology officer of Jie, said in an interview with reporters that with the continuous expansion of China's LED industry, it is difficult to support the development of the industry by relying on the domestic market to absorb excess capacity. Domestic enterprises will export their products overseas, which is bound to be foreign. The company poses a threat, and patents will become an important weapon for these foreign companies to suppress domestic companies.
In the view of Li Wenyu, director of the Strategic Innovation Department of the Joint Innovation Center and secretary general of the LED Industry Patent Alliance, behind the increasing number of LED patent litigations, it is undoubtedly the game of the interests of the LED industry. With the LED lighting entering the golden period of development, the global LED large enterprises are all intensifying the use of patents to grasp the market leading power, and the patent warfare will also be in a normal trend. "The international giants have not really used patent weapons to attack domestic companies. The main reason is waiting for the growth of Chinese LED companies. With the booming domestic LED market, more and more foreign companies are turning their attention to China, a large wave of infringement lawsuits. Li Wenyu has approached us in an interview." Li Wenyu said in an interview.
problem
Patent layout, foreign dominant, domestic enterprise awareness is weak
It is understood that in order to fully understand the global LED industry patent layout situation, master the LED company patent "home bottom" in China, the United Innovation Center recently completed a "LED patent trend analysis report", after the Chinese patent literature search, as of 2013 On December 31st, the global LED industry formed a three-legged industrial distribution and competition pattern dominated by the three major countries and regions of the United States, Asia and Europe. Cree and Lumileds, Nichia and Toyota Synthetic (Toyoda Gosei), Germany, Osram and other companies monopolize the high-end products market. The above five giants have their own advantages in all aspects of the LED industry chain. Nichia and Toyota Synthetics play an important role in the development of the LED industry, forming a complete LED industrial chain. Among them, Nichia has strong strength in Blu-ray chips. Patent technology has a monopoly advantage; Corey has its own mature technology system; Lumileds focuses on the development of high-power LED, and has strong strength in white light lighting.
As far as the types of patent applications filed by Chinese enterprises are concerned, utility model patent applications account for a relatively high proportion of 43.55%, design patent applications for 31.11%, and invention patent applications only account for 25.34%. From the perspective of the distribution of technical fields, the patent applications submitted by domestic enterprises are mainly concentrated on application and packaging. The upstream chips and raw materials in the industrial chain are shortcomings of domestic enterprises.
"At present, the awareness of intellectual property rights of domestic enterprises is still not strong. We have not really realized the importance of patents for the development of enterprises. In the more than one year since the establishment of the LED Industry Patent Alliance, the enthusiasm of some enterprises to participate is not high. A good example is that the first batch of companies joining the alliance are those with strong technical foundation and strong R&D strength.†Li Wenyu emphasized that although the domestic LED industry is large in scale, it lacks a group of leading enterprises, and the industry development is small and scattered. The situation, if the enterprise does not pay attention to technology research and development and patent layout, many uncertain factors facing the future development will bury hidden dangers for the enterprise itself and the entire industry.
Way out
Integrating resources, holding groups, heating together, coordinating innovation
It is understood that although international giants have built patent barriers, unlike other industries, due to the long LED industry chain, there are many technical routes, and the application fields are wide. Enterprises with patent competition disadvantages can be routed through different technical routes. Over the existing patent barriers. In other words, under the current conditions, domestic companies are not without the opportunity to break through the patent defenses woven by foreign companies.
"Domestic enterprises should seek differentiated development, and through independent innovation, the development of competitive products with competitive advantages is an important way for enterprises to improve their core competitiveness." Sun Yinsheng, legal director of Beijing Deli Intellectual Property Services Co., Ltd., is accepting China Intellectual Property News. In an interview, the reporter said that at present, domestic enterprises are weak in terms of talents and technology, which leads to the lack of core technologies. Enterprises should strengthen the combination of production, education and research, and truly connect market demand with scientific research to truly solve the development problems facing the industry. .
Knowing ourselves and knowing each other can only be a battle. In the view of You Budong, it is the key to maintain the competitiveness of the company to understand and understand the development status of the industry and competitors and the development trend of the industry. However, due to the limited scale of the company, the analysis of relevant patent information is not comprehensive, and this is also Join the LED industry patent alliance is the most anticipated problem.
"An important work of the Patent Alliance is to establish a patent data platform for the LED industry. Through the retrieval of patent data of LED industry at home and abroad, the analysis of industrial technology trends, the patent layout of major competitors and the hot spots of industrial technology development, regularly to the member units of the alliance. Sharing, to help the scientific development of the enterprise." Li Wenyu said that the alliance will integrate the resources advantages of each member, actively build the "patent pool" of the LED industry, and plan to set up an expert committee for patent litigation, technology research and development, and patents for alliance members. Provide services and guidance in operations and patent pledges.
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