The lighting industry is facing a revolution,LED become the fastest growing based on its excellent performance and broad application prospects. Innovation is the most important driving force to achieve industrial development, and to strengthen the capability of independent innovation in the LED lighting industry, to accelerate the pace of technological innovation, enhance the core competitiveness of China's LED lighting industry has become severe challenges in front of us.
Core patent lack,facing the risk of infringement
Patent inadequate reserves of enterprises will lose the initiative in the market competition.
From the international LED lighting industry competition layout,at present the United States, east Asia, Western Europe in a situation of tripartite confrontation,the high-end product market occupied by some international company,the layout of the entire industry is gradually forming. The core patented technology of the LED industry lies in the hands of Nichia, Philips and other large companies. Now, some foreign companies not only in the number of patents in the quality occupy an absolute advantage.Zhang Zhicheng,from the Protection Coordination Division of the State Intellectual Property Office said, according to the patent strength, combined with comprehensive analysis of the market, Nichia, Philips, Seoul Semiconductor has become a leading manufacturer, Toshiba, Sharp can be classified as technology vendors, most of our enterprise can be classified as development potential vendors, and like other emerging vendors facing greater risk of intellectual property infringement. Zhang Zhicheng stressed that most of our LED business the reserves of the patent or copyright of cooperation, are very inadequate, yet not pose any threat to other large enterprises.
On the one hand, the relatively small number of domestic LED patent filing, foreign applicants fewer. Zhang Zhicheng related patents in the field of Chinese mainland applicant submits application to account for only 20%, the application of the Taiwan region of China accounted for 38%, accounting for 44% of foreign applications. The proportion of the total application of our continent is less than the proportion of the application by the Taiwan region of China. On the other hand, the the LED patent application in China which invention patent applications accounted for 31.5%, and other multi-utility model and design applications; China's market application package patent applications accounted for 80% and 11% of the total applications, epitaxy and chip manufacturing industry upstream basic patent and the lack of core patents.Zhang Zhicheng said that the the patent insufficient reserves will make China's enterprises in the product market competition is difficult to grasp the active position, the current situation is very grim.
Ye Zhi Chan,director of Shanghai Silicon Intellectual Property Exchange intellectual property said,from the patent situation facing China's LED business point of view, in the area of epitaxial silicon, the the foreign patentee of patents accounted about 70%; packaging field, both domestic and foreign,about half and half; applications, foreign the LED giant also a lot of layout. "Field of epitaxial silicon, for example, foreign over 340 articles invention authorization, only 100 articles." Ye Zhi Chan said, "And not just in the number of absolute advantage, foreign invention patents more core, because it priority and patent reorganization from abroad into the domestic and international giants tried the the meantime more important things to get the Chinese to lay out. "
Strengthen the risk prevention and prepare for
With the rapid development of the domestic LED lighting industry, infringement, litigation has been getting closer and closer to us.
Before 2002, Nichia dominate the party in the LED lighting field of intellectual property, followed by Philips, Osram, pack and play. Currently, five giant has completed a patent cross-license each other, some form of industry alliances, the whole control white LED industry. Zhang Zhicheng said, the patent giants maintenance of existing industrial pattern has become an effective weapon, as technology advances and matures, this industrial pattern is gradually solidified. Once the major technology areas thoroughly completed a cross-licensing and alliance-building, would mean that the Chinese enterprises to enter the field only in the peripheral and downstream work, it is quite likely we have the scale of the industry, but there is no industry profits.
between 1996 and 2011, nearly 180 cases and LED-related lawsuits. The prosecution Nichia, Philips, Cree, Seoul Semiconductor, etc.. "The patent war is a war of no smoke, often unknowingly infringing. Researcher at the Chinese Academy of Sciences Institute of Suzhou Nanotechnology and simulation Liangbing Wen said," A lot of international giants treat China LED business is a 'pig 'mentality, until the production of domestic enterprises on the scale, they will not hesitate to lift the' big stick 'of intellectual property litigation. Liangbing Wen stressed that tort litigation, with the rapid development of the domestic LED lighting industry, has left us more and more recent. Although reconciliation is most of the final result of the litigation, but reconciliation must be the hands of the respondent party brand, not some kind of show for the patent, is very difficult reconciliation.
