It is reported that on January 23, Neptun Lighting Company and patentee Andrzej Bobe applied to the US government to launch a “337 investigationâ€, alleging that the company’s production, importing to the United States and importing into the United States, compact dimming fluorescent lamps allegedly infringed on it. US patents require the issuance of a permanent limited exclusion order to prohibit the importation of products infringing patents into the United States. The US government will decide whether to investigate the case before February 23.
The companies involved in the case were five US companies and seven Chinese companies, and Xiamen Tongshida Co., Ltd. was listed among them. It is understood that in 2011, Topstar Company exported 80,000 such products to the United States, with a value of about US$300,000, which is a small proportion of its exports to the United States. However, compact dimming fluorescent lamps are a popular type of product that involves a wide range of businesses.
According to a person familiar with the matter, At present, Topstar has received relevant information and is conducting technical analysis. The person also said that although the US government is not yet aware of the investigation, in any case, as a backbone LED lighting company in Xiamen, in order to protect its own interests and the interests of the industry, the future of Toshida will actively respond.
The so-called "337 investigation" is an administrative measure taken by the United States to protect its local environmental protection enterprises and suppress other countries' counterparts. According to US law, Section 337 regulates unfair trade in general unfair trade and related intellectual property rights. It is worth noting that the “337 investigation†case response procedure is very cumbersome, time consuming, and the litigation costs are up to millions of dollars, which has discouraged many companies involved, especially small and medium-sized enterprises.
Xiamen Funeng Lighting pointed out that once the lawsuit is waived, it means that the product will be deported, and all the similar products in other countries will be excluded from the US market due to the 'universal exclusion order', regardless of whether it is sourced or not. . Ma Chengbai, secretary-general of the Xiamen Optoelectronics Industry Association, said: "For US export companies, before signing a contract, they must entrust a professional intellectual property company to conduct the necessary intellectual property investigation. At the same time, in the face of the '337 investigation, companies must actively face Courageously responding to complaints, especially when the interests of the whole industry are affected in a timely manner, interest-related enterprises should join hands to avoid being trapped in a passive situation."
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