Since March of this year, since receiving the complaint from the US International Trade Commission (ITC) on the investigation of 337 on LEDs, Zeng Guangming, general manager of LED Lighting Division of Shenzhen Zhouming Technology Co., Ltd., has never felt Have had pressures and challenges.
Just in June of this year, the former company named Zhou Lei Electronics had just been forced to change its name because Chinese and English trademarks had been squatted abroad. The big trouble of intellectual property issues has never been so urgently pursued.
On March 20th, the US International Trade Commission (ITC) officially filed a 337 investigation report on light-emitting diodes (LEDs), and 30 companies including four Chinese mainland LED manufacturers received complaints from ITC. The four mainland companies involved in the 337 investigation are all Guangdong enterprises, and three of them are Shenzhen enterprises.
On the afternoon of June 23, Shenzhen City held a special work meeting on the investigation of the US 337 investigation. The mayor Xu Zongheng attended the meeting and made important instructions.
On the morning of June 24, Zhang Jinsheng, director of the Shenzhen World Trade Organization Affairs Center, presided over the plenary session of the center to convey the speech and instructions of Mayor Xu Zongheng, and made a specific division of work for the deployment of the special work conference.
Yan Hanjun, chairman of the Shenzhen Intellectual Property Research Association, said that the future patent war in the LED industry will become increasingly fierce. Enterprises should learn to use their own patents to compete with each other and increase the distribution of overseas intellectual property.
Some experts pointed out that the resistance from all parties in the world may be a catalyst for some powerful industries and enterprises to quickly realize industrial transformation and pay more attention to intellectual property issues.
3/4 of the enterprises involved in the mainland are deep enterprises
On February 20 this year, Gertrude Neumark Rothschild, an honorary retired professor at Columbia University, filed an application with the US International Trade Commission (ITC) to initiate a 337 investigation of shortwavelengthlightemitting diodes.
The US International Trade Commission has identified 34 companies involved in the case, including Japan, China, South Korea and Taiwan, including 9 countries and regions. Among them, 4 companies in China have been sued, namely Shenzhen Chaoyi Optoelectronics Co., Ltd. and Guangzhou Honghong. Liguang Electronics Co., Ltd., Shenzhen Jiaguang Electronics Co., Ltd., Shenzhen Zhoulei Electronics Co., Ltd.
This is the fifth 337 survey application that Chinese companies have encountered this year. The industries that will affect the LED survey include LED chip packaging and utilization, display, lighting, backlight, home appliances and other industries that use blue short-wave diode technology. . According to the statistics of the Ministry of Commerce, in 2007, China's LED industry exported about US$350 million to the US, a year-on-year increase of 53.9%.
According to relevant statistics in the industry, there are currently 1,700 enterprises related to the LED industry chain in China, among which there are 740 Guangdong enterprises with LCD backlight and solar energy, and most of these enterprises are in Shenzhen, accounting for similar enterprises in the country. 44.3%.
That is to say, once ITC decides that the patentee wins the case, ITC will issue an exclusion order or prohibition order. During the validity period of the plaintiff's patent, the LED products produced by any enterprise in China and the downstream products containing LEDs will be completely banned from exporting to the United States. The LED market door will be closed. Subsequently, major markets such as the relevant EU are also likely to be affected by this.
Experts predict that the case involves an export value of at least $100 million. Once the patentee wins the case, China's 1,700 LED companies will be threatened, which will have a very serious impact on the healthy development of China's LED industry. For the hardest hit area in Shenzhen, the entire LED industry may be devastated.
Aware of the seriousness of the problem, the Shenzhen government department and related associations responded as soon as possible.
On March 21st, the LED Patent Case Analysis Seminar hosted by Shenzhen Intellectual Property Office and Nanshan District Intellectual Property Office and held by Shenzhen Intellectual Property Research Association was held in the multi-function hall on the first floor of Nanshan District Digital Culture Industry Base. He Wei, a lawyer at Morgan Law Firm in the United States, conducted a legal and technical analysis of the US patent that initiated the 337 investigation in the United States, and guided the company to respond actively.
A person from the Shenzhen Intellectual Property Office said that we had to hold the seminar before the company received the lawyer's letter, that is, to prepare for the rainy day, not to be unprepared, to help the company correctly respond to the upcoming 337 investigation.
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