[Source: Gaogong LED 's " LED Research Review" magazine January issue / Liu Qiaomei]
On March 30, 2012, Jiangsu Shifu Optoelectronics Technology Co., Ltd. filed a lawsuit against Shanghai Qiyi Business Development Co., Ltd. and its distributor, Nanjing Woma Light Home Lighting Equipment Operation Department, to suing the court for the infringement of utility model patents. right.
On December 19, 2012, the Nanjing Intermediate People's Court of Jiangsu Province issued a first-instance judgment, ruling that Shanghai Enterprise Business Development Co., Ltd. and its distributors, Nanjing Woma Lights, home lighting equipment business department immediately stopped manufacturing and sales violations of Ford Lighting LED Magnolia. The bulb patent product, "Enterprise One" compensates "Stoford" for 900,000 yuan in economic losses and bears legal fees.
The road to rights protection continues. Since then, Shifu has filed a lawsuit against enterprises and lighting distributors such as Foshan Leike Lighting Technology Co., Ltd. and Zhejiang Myers Lighting Co., Ltd.
From 1996 to 2010, there were 168 LED patent lawsuits in the world, and 100 patents were filed. The complaints involved the United States, Japan, the United Kingdom, Germany, South Korea, China and Taiwan. The patented technology involved in the substrate, Epitaxy, chip, package and Other fields.
Shi Jie, chairman of Shifu, claimed to be “industry anti-counterfeiting model†and determined to fight against it. "Imitating a family and suppressing a family is our determination. Two years, three years, we must fight (the lawsuit), and hold them accountable (the infringer), not to fight, no one in the industry, I will fight." On the phone, Shi Jie excitedly said this.
A person in charge of a well-known lighting company said that the issue of intellectual property infringement has always existed in the lighting industry and has formed a very common phenomenon. From the perspective of the enterprise, the "pirated" lamps not only reduce the profit of the lighting market, but also make a large number of lighting companies have to become a base for outsourcing and foundry, unable to invest too much money to develop better technology and molds. .
Losing two or three hundred million yuan a year
The infringement of the company was the utility model patent of the LED magnolia lamp applied by the company in 2010. On May 27, 2010, this product has applied to the State Intellectual Property Office for a utility model patent called LED bulb, patent number 201020205124.0, which was authorized on January 5, 2011 and is legally valid.
According to the information provided by Shifu Ford, the LED Magnolia lamp has invested a lot of manpower and material resources from the initial idea to the sample experiment, from small batch trial production, large-scale production to domestic and international market sales. And financial resources.
During the new product launch, Shifu organized various conferences and events such as new product launches and recommendation meetings at home and abroad, and extensively publicized and tried through newspapers, magazines, internet, TV and other media, sales terminals, research and development and promotion. The cost has accumulated more than tens of millions of yuan.
At the beginning of 2011, Shifu Magnolia bulbs began to set off in the domestic crystal lamp market. According to Shi Jie, "In 2011, LED Magnolia bulb sales accounted for 15% of the company's sales, achieving nearly 200 million yuan in revenue a year."
By the beginning of July 2012, Shifu Company had found a large number of “cottage magnolia lamps†on the market. Since then, Shifu Company has visited several domestic lighting wholesale distribution centers in Nanjing, Zouqu and Zhongshan Guzhen. Through field investigation and evidence collection, it has been found that the “mountain magnolia lamps†in Zhejiang, Guangdong and Jiangsu are everywhere.
"Mountain magnolia lamps are cheaper than genuine magnolia lamps, and the lowest price is 50% cheaper than us. In addition, some cottage manufacturers use low-cost strategies to induce dealers in many domestic lighting markets." "The result is that a large number of inferior 'cottage' products flood the market, seriously disrupting the market order, harming the interests of consumers, and causing huge losses to Shifu."
"On average, every month, the loss is one or two million yuan, and one year is two or three hundred million yuan." Now that the LED magnolia bulbs have been repeatedly "infringed" in the domestic market, Shi Jie still can't restrain his emotions.
The game behind the lawsuit
In the face of increasingly rampant counterfeiting and infringements, resorting to the law has become a necessary means for Ford to safeguard its own rights and purify the market order.
In addition to Shanghai Enterprise One, Shifu filed a lawsuit against enterprises and lighting distributors such as Foshan Lake Lighting Technology Co., Ltd. and Zhejiang Miles Lighting Co., Ltd. The reporter learned that at present, Shifu is collecting evidence against other ten suspected counterfeit infringing enterprises and will file a lawsuit at an appropriate time.
Talking about using legal weapons to defend their rights, Shi Jie is also very helpless: "The lawsuit lasted too long, the enterprise could not afford it, and the market could not afford it." At present, it is not uncommon for the entire lighting industry to suffer from product design infringement cases like Shifu. But not all companies are willing to take the road of legal rights protection.
"Now there are people who are infringing on the patents of Yuanhui Optoelectronics. We have not done any action for the time being, but just stayed at the stage of collecting evidence." Shi Yucan, director and executive deputy general manager of Huizhou Yuanhui Optoelectronics Co., Ltd. said, "Yuanhui Optoelectronics is at A lot of patents have been laid out on the product line, and only the patent layout has been kept. As the patent pool grows larger, companies will have the capital to negotiate in the future."
"Some websites and online stores often use our brand to sell products. The source of goods is not from our company. This number is currently not good statistics. We can only issue a warning letter. If the circumstances are particularly serious, we will consider taking legal channels. "The relevant person in charge of a listed company said.
Compared with “doing something†and “doing nothingâ€, the international manufacturer Philips Lighting sells patents as commodities. For several years, Philips Lighting has introduced a patent licensing program for branded LED luminaires used in general lighting, construction, entertainment and theater segments. The company's royalty-free royalties range from 3% to 5% of sales. As of October 2012, more than 230 companies worldwide have signed licensing agreements for Philips and LED patent portfolios with Philips Lighting.
“Why would there be bad money to drive out good money? Just because bad money is a 'criminal act', the cost of this 'criminal behavior' is very low, even if it is caught, there will be no punitive measures.†Shi Yucan middle.
This is a market environment that LED lighting application manufacturers must face. In the future, when there are more and more infringements of LED lighting products, how should enterprises maintain their legitimate rights and interests, this will be a difficult problem.
Reporter's notes:
In late November 2012, the lawsuits of Shifu and Qiyi had not yet made a first-instance judgment. "High-tech LED" reporter showed Shijie, the chairman of Shifu, to express his in-depth report on the infringement of LED magnolia. At that time, Shi Jie said in a low tone, "Do you do this (report) useful, useful?" . After a few minutes on the phone, Shi Jie said with excitement, "If you dare to write, you should write. If China does not protect intellectual property rights and does not protect technological innovation, it is impossible for China to become an innovative country. It is a dream." â€
These words may reveal his own urgent need to respect intellectual property. Perhaps, a report does not contribute much to the market regulation of this industry, but what kind of sorrow will be if the media is indifferent. So, there is such an article.
On March 30, 2012, Jiangsu Shifu Optoelectronics Technology Co., Ltd. filed a lawsuit against Shanghai Qiyi Business Development Co., Ltd. and its distributor, Nanjing Woma Light Home Lighting Equipment Operation Department, to suing the court for the infringement of utility model patents. right.
On December 19, 2012, the Nanjing Intermediate People's Court of Jiangsu Province issued a first-instance judgment, ruling that Shanghai Enterprise Business Development Co., Ltd. and its distributors, Nanjing Woma Lights, home lighting equipment business department immediately stopped manufacturing and sales violations of Ford Lighting LED Magnolia. The bulb patent product, "Enterprise One" compensates "Stoford" for 900,000 yuan in economic losses and bears legal fees.
The road to rights protection continues. Since then, Shifu has filed a lawsuit against enterprises and lighting distributors such as Foshan Leike Lighting Technology Co., Ltd. and Zhejiang Myers Lighting Co., Ltd.
From 1996 to 2010, there were 168 LED patent lawsuits in the world, and 100 patents were filed. The complaints involved the United States, Japan, the United Kingdom, Germany, South Korea, China and Taiwan. The patented technology involved in the substrate, Epitaxy, chip, package and Other fields.
Shi Jie, chairman of Shifu, claimed to be “industry anti-counterfeiting model†and determined to fight against it. "Imitating a family and suppressing a family is our determination. Two years, three years, we must fight (the lawsuit), and hold them accountable (the infringer), not to fight, no one in the industry, I will fight." On the phone, Shi Jie excitedly said this.
A person in charge of a well-known lighting company said that the issue of intellectual property infringement has always existed in the lighting industry and has formed a very common phenomenon. From the perspective of the enterprise, the "pirated" lamps not only reduce the profit of the lighting market, but also make a large number of lighting companies have to become a base for outsourcing and foundry, unable to invest too much money to develop better technology and molds. .
Losing two or three hundred million yuan a year
The infringement of the company was the utility model patent of the LED magnolia lamp applied by the company in 2010. On May 27, 2010, this product has applied to the State Intellectual Property Office for a utility model patent called LED bulb, patent number 201020205124.0, which was authorized on January 5, 2011 and is legally valid.
According to the information provided by Shifu Ford, the LED Magnolia lamp has invested a lot of manpower and material resources from the initial idea to the sample experiment, from small batch trial production, large-scale production to domestic and international market sales. And financial resources.
During the new product launch, Shifu organized various conferences and events such as new product launches and recommendation meetings at home and abroad, and extensively publicized and tried through newspapers, magazines, internet, TV and other media, sales terminals, research and development and promotion. The cost has accumulated more than tens of millions of yuan.
At the beginning of 2011, Shifu Magnolia bulbs began to set off in the domestic crystal lamp market. According to Shi Jie, "In 2011, LED Magnolia bulb sales accounted for 15% of the company's sales, achieving nearly 200 million yuan in revenue a year."
By the beginning of July 2012, Shifu Company had found a large number of “cottage magnolia lamps†on the market. Since then, Shifu Company has visited several domestic lighting wholesale distribution centers in Nanjing, Zouqu and Zhongshan Guzhen. Through field investigation and evidence collection, it has been found that the “mountain magnolia lamps†in Zhejiang, Guangdong and Jiangsu are everywhere.
"Mountain magnolia lamps are cheaper than genuine magnolia lamps, and the lowest price is 50% cheaper than us. In addition, some cottage manufacturers use low-cost strategies to induce dealers in many domestic lighting markets." "The result is that a large number of inferior 'cottage' products flood the market, seriously disrupting the market order, harming the interests of consumers, and causing huge losses to Shifu."
"On average, every month, the loss is one or two million yuan, and one year is two or three hundred million yuan." Now that the LED magnolia bulbs have been repeatedly "infringed" in the domestic market, Shi Jie still can't restrain his emotions.
The game behind the lawsuit
In the face of increasingly rampant counterfeiting and infringements, resorting to the law has become a necessary means for Ford to safeguard its own rights and purify the market order.
In addition to Shanghai Enterprise One, Shifu filed a lawsuit against enterprises and lighting distributors such as Foshan Lake Lighting Technology Co., Ltd. and Zhejiang Miles Lighting Co., Ltd. The reporter learned that at present, Shifu is collecting evidence against other ten suspected counterfeit infringing enterprises and will file a lawsuit at an appropriate time.
Talking about using legal weapons to defend their rights, Shi Jie is also very helpless: "The lawsuit lasted too long, the enterprise could not afford it, and the market could not afford it." At present, it is not uncommon for the entire lighting industry to suffer from product design infringement cases like Shifu. But not all companies are willing to take the road of legal rights protection.
"Now there are people who are infringing on the patents of Yuanhui Optoelectronics. We have not done any action for the time being, but just stayed at the stage of collecting evidence." Shi Yucan, director and executive deputy general manager of Huizhou Yuanhui Optoelectronics Co., Ltd. said, "Yuanhui Optoelectronics is at A lot of patents have been laid out on the product line, and only the patent layout has been kept. As the patent pool grows larger, companies will have the capital to negotiate in the future."
"Some websites and online stores often use our brand to sell products. The source of goods is not from our company. This number is currently not good statistics. We can only issue a warning letter. If the circumstances are particularly serious, we will consider taking legal channels. "The relevant person in charge of a listed company said.
Compared with “doing something†and “doing nothingâ€, the international manufacturer Philips Lighting sells patents as commodities. For several years, Philips Lighting has introduced a patent licensing program for branded LED luminaires used in general lighting, construction, entertainment and theater segments. The company's royalty-free royalties range from 3% to 5% of sales. As of October 2012, more than 230 companies worldwide have signed licensing agreements for Philips and LED patent portfolios with Philips Lighting.
“Why would there be bad money to drive out good money? Just because bad money is a 'criminal act', the cost of this 'criminal behavior' is very low, even if it is caught, there will be no punitive measures.†Shi Yucan middle.
This is a market environment that LED lighting application manufacturers must face. In the future, when there are more and more infringements of LED lighting products, how should enterprises maintain their legitimate rights and interests, this will be a difficult problem.
Reporter's notes:
In late November 2012, the lawsuits of Shifu and Qiyi had not yet made a first-instance judgment. "High-tech LED" reporter showed Shijie, the chairman of Shifu, to express his in-depth report on the infringement of LED magnolia. At that time, Shi Jie said in a low tone, "Do you do this (report) useful, useful?" . After a few minutes on the phone, Shi Jie said with excitement, "If you dare to write, you should write. If China does not protect intellectual property rights and does not protect technological innovation, it is impossible for China to become an innovative country. It is a dream." â€
These words may reveal his own urgent need to respect intellectual property. Perhaps, a report does not contribute much to the market regulation of this industry, but what kind of sorrow will be if the media is indifferent. So, there is such an article.
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