The lighting companies that have been plagued by patent infringement have ushered in good news for them. At the first IP Lighting Summit Forum held last weekend, Chen Xichong, deputy director of the Zhongshan Intellectual Property Office, revealed that Zhongshan will invest 1 million yuan this year to support lighting companies to purchase “patent insurance” to protect the intellectual property rights of Guzhen lighting companies.

The number of lighting patent infringement cases closed 6 times in 3 years

In 2011, a well-known lamp company in Zhongshan launched a swan-headed lamp. This product was introduced to the market and many companies immediately competed to imitate it. The company has made a rough survey and statistics, and there are no fewer than 30 companies that infringe on the intellectual property rights of this swan head style lamp. There are countless companies that suffer from the same infringement problems with the company. This is related to the short product cycle of the lighting industry. Many companies are therefore reluctant to invest in cost research and development, and choose to counterfeit peer products.

Zhou Jintian, director of the rights protection center, said that the rights defending center went to the shop and the store to complain about the law, and it took almost three months before and after. The infringing company finally stopped the production and sales of counterfeit products and made economic compensation. Since its establishment in June 2011, the Rights Protection Center has been repeating reasoning and mediation to help light companies defend their rights.

According to statistics, in 2010, the Rights Protection Center handled 70 cases of rights protection. In 2012, 234 rights protection cases were handled, of which 225 cases were successfully settled, involving compensation amounting to 471,800 yuan, mediation ending 72 cases, and three years of light enterprise infringement case number 3 Six times the year. Jiao Xuejun, chief of the Patent Management Section of Zhongshan Intellectual Property Office, said that from the change in the number of cases closed, it can be seen that the awareness of Zhongshan Light Enterprise in intellectual property rights has improved, and it can also be seen that the effectiveness of the rights protection center is improved.

"Administrative mediation + judicial judgment" infringement case can be closed in one month

Jiao Xuejun introduced that the Zhongshan Municipal Intellectual Property Office took the form of entrustment and entrusted the administrative power of patent enforcement to the rights protection center. The Municipal People's Court established an intellectual property circuit trial court in the center, and moved the patent administrative law enforcement and judicial trial to the “factory gate” of the enterprise, and implemented the mutual recognition of evidence and the mediation of disputes, so that the time for closing the patent infringement case was The original half year was greatly shortened to one month or even shorter.

It is reported that the "administrative mediation + judicial judgment" has a two-pronged approach, greatly improving the effect of handling cases. Among the 297 cases of infringement cases closed in January-September this year, the settlement rate was as high as 92.24%, of which 225 cases were successfully settled, involving compensation amounting to 471,800 yuan and mediation ending 72 cases. Jiao Xuejun revealed at the forum that Foshan, Zhongshan, Jiangmen and Shunde “three cities and one district” will sign the judicial confirmation agreement in the next month. Enterprises that have been infringed in other cities can report the case locally, and the judicial organs can transfer the case through the case. , many places to investigate, reduce time and economic costs for corporate rights protection.

Buying "patent insurance" has support for the two levels of finance

At the forum, Lin Jiayi, Zhongshan Branch of China People's Property Insurance Co., Ltd. introduced “patent insurance” to the heads of various enterprises. It is reported that this is an insurance specially designed for the infringement of patents of lighting companies. Enterprises are insured according to their needs. The benchmark premium is 2,000 yuan, and the premium is increased by 400 yuan/piece. The total accumulated compensation for enterprises is 15 times.

Chen Xichong introduced that the financial product was commissioned by the Intellectual Property Office and was designed in Zhongshan Guzhen. Both the town and city finances have invested a certain amount of premium support for the promotion of this product. At present, the premium is borne by the enterprise, the town government and the Zhongshan Municipal Intellectual Property Office in proportion to 4:3:3. It is reported that the city's fiscal budget this year invested 1 million yuan to support enterprises to purchase "patent insurance." Chen Xichong revealed that the funding for support for "patent insurance" will increase significantly next year.

Online infringement is difficult to find and difficult to defend

With the deepening of activism, the rights center has discovered new difficulties. Zhou Jintian said that the new difficulties cannot be solved for the time being, and they can only rely on the enterprises themselves to raise patent awareness. New difficulties in safeguarding rights include:

1. Plagiarism is rampant. The newly developed LED light bulbs of the company were immediately plagiarized by madness. There is a company that complains about several or more than one at the same time. The rights center must coordinate with one family, and the time cost is very high. In addition, because the design of the bulb itself is more diversified, the infringement of the bulb is more troublesome. When a product involves a wider range of parts and more parts, it is more difficult to determine whether it is infringing.

2, "reformed to zero" infringement. A product itself contains 5-6 parts, but the company adopts a packaging method for convenience and only applies for one patent. The plagiarized enterprises will break up and disassemble the parts of the products for production and sales, and then help the customers to regroup and evade the investigation. It is difficult for the infringed enterprise to obtain evidence and defend rights on this issue.

3. Online shop infringement. With the rise of e-commerce, online shop infringement is becoming more commonplace. Since many online stores do not have physical stores, they sell patented products on the Internet, but the physical stores are not in the regional scope. They can only send letters to Taobao's main store, and require online shop blocking. However, it is very difficult to find infringing products in countless online stores.

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