The status quo of intellectual property protection is worrying, hardware innovation is obviously affected

Abstract In a period of time, the protection of intellectual property rights has become a shortcoming in the development of the hardware industry. Infringement problems have occurred frequently, which makes it difficult for enterprises to improve, and to a certain extent, the industry is caught in a low level of repeated competition. The weakness of intellectual property protection is not only manifested here, near...
In a period of time, the protection of intellectual property rights has become a shortcoming in the development of the hardware industry. Infringement problems have occurred frequently, which makes it difficult for enterprises to improve, and to a certain extent, the industry is caught in a low level of repeated competition. The weakness of intellectual property protection is not only manifested in this. In recent years, hardware products have been repeatedly invaded by intellectual property cases in the international market. Far away, lighters have been hit by the US 337 investigation, the EU has restarted the CR bill, and the zipper industry has recently started with the Japanese YKK company. The sawing lawsuit, even if the case results, the protracted response and arguments have caused great harm to the industry and the enterprise itself.

“Change the status quo as soon as possible!” has become the common voice of all hardware companies, industries, and even the entire manufacturing industry and the whole society.

Supporting intellectual property rights

“In order to improve product profitability, added value, upgrade level and level, we must innovate, but less than one month after the development of new products, counterfeit products on the market began to appear, pulling prices low. R&D costs are high, Unable to compete with it, the patent lawsuit is time consuming, so we sometimes dare not innovate and are very entangled." Previously, an entrepreneur in the lock industry told reporters. At that time, infringement counterfeiting in the hardware industry occurred from time to time. Plagiarism and counterfeiting between each other caused great obstacles to the innovation and development of enterprises, affecting the environment and order of the market and industry. In this environment, many enterprises do not Dare to innovate, can not improve, the industry has entered a spiral of vicious circle.

If you want to develop, you have to make a change. But this is not achieved by the company's own efforts or by the guidance of the industry, but it must be placed in a larger situation to be realized.

At the beginning of this year, the Chinese government website issued the “Intensive Implementation of the National Intellectual Property Strategy Action Plan (2014-2020)”, which called for strengthening the use of intellectual property rights and promoting economic upgrading and efficiency upgrading. For the first time, the plan put forward the new goal of “building a strong intellectual property country” and required the function of guaranteeing intellectual property rights. By supporting banks, securities, insurance and other institutions to participate in intellectual property financial services, the company will guide enterprises to expand the scope of intellectual property pledge financing. In this strategic period of comprehensively advancing the rule of law, the creation of a policy environment has provided a fertile ground for the development of intellectual property work, and has also cleared the way for further development and innovation of enterprises.

The government has set clear targets and practical measures to support the vigorous development of intellectual property protection. Coincidentally, the industry also regards this as a major focus of the future work of the industry. In December last year, China Hardware Products Association released the “Working Ideas of China Hardware Products Association in 2015” (hereinafter referred to as “Thoughts”) in Nanjing. In the 2015 key work and main tasks, the industry pointed out that the industry should make full use of the promotion of small and medium-sized enterprises introduced by the state. Supportive policies for innovation and technological progress. In particular, since October, the State Council has held regular executive meetings, and every meeting has policies to promote investment or promote consumption, especially “to pass opinions on the legal disclosure of the sale and sale of counterfeit and shoddy goods and infringement of intellectual property rights.” . The "Thoughts" also explicitly mentioned: It is necessary to actively address the market and its use of related products under the policy of expanding domestic demand, the development of new products and technologies at home and abroad, the issue of foreign mergers and acquisitions in the industry, anti-monopoly anti-dumping, and intellectual property protection. The department reflects the industry and corporate demands and proposes policy recommendations.

On the issue of intellectual property protection, we have achieved synergy from micro to medium to macro. Among them, micro is the enterprise and individual that strives for it; Zhongguan is an industry organization that vigorously appeals and carefully guides; and macro is naturally a government department that formulates policies and promotes it. This top-down through-loop and seamless connection can ensure the smooth progress of intellectual property work, comprehensive development, and achieve greater breakthroughs.

Intellectual property protection is growing

In fact, the maintenance of intellectual property rights has continued in the industry and has achieved effective and influential results. Wang Zhiwu, secretary general of the China Hardware Products Association Zipper Branch, told the reporter: "Actively responding to IPR cases and protecting property rights, the company has deepened its understanding of intellectual property rights and greatly improved its concept. Through long-term active response, in the zipper The industry continues to inculcate, so that companies have raised awareness of the importance of intellectual property. In the past, SMEs did not pay attention to this." His feelings came from a four-year Sino-Japanese zipper patent lawsuit, the case was carried out. In seven lawsuits, from the National Bureau of Reexamination Board to the Intermediate People's Court, the High Court, and finally to the Supreme Court, from the local to the Central Committee, they finally ended in China's phased victory in July last year. This is also one of the achievements of the hardware industry in the protection of intellectual property rights, and it is also the most classic success in the industry.

It is understood that since the beginning of the case, the industry association has set up specialized agencies and enterprises to actively respond to the lawsuit, and consulted a large number of domestic and foreign technical patents in this field and related textbooks and technical literature materials, for repeated comparison, analysis and Screening, debate on the principle of this patent, the degree of freedom of components, structural features, movement methods, etc. At the same time, this patent is analyzed from the legal level to find out that this patent has obvious technical and legal loopholes. After paying a lot of manpower, material resources, financial resources and time costs, I finally got a return.

The most intuitive reflection of this return is economic. According to data provided by Wang Zhiwu, in 2014, only zipper sales reached 4 billion yuan, double the sales of less than 2 billion yuan in 2013. It is estimated that sales in 2015 will reach 6 billion yuan. This has not yet calculated the output benefits of domestic related equipment manufacturers.

The deeper significance of this is that Chinese enterprises will fully participate in the high-end zipper market and achieve transformation and upgrading. This technology will greatly benefit the diversity of China's zipper products and improve product quality. At the same time, in the process of production and production of new technology, there is no waste of materials, and the original technology will produce waste in the production process, and only 70% of raw materials can be used. This shows that the success of a large patent case is a continuous spread and the final benefits will continue to increase.

A similar situation has occurred in the lighter industry. In 2006, the well-known American lighter company, Zippo Manufacturing Co., Ltd. and Zippo Trademark Company, filed a lawsuit requesting the investigation of intellectual property rights against four Chinese lighter manufacturers, the so-called “337 investigation”, and requested the US International Trade Commission ( USITC) issues a permanent universal exclusion ban: all infringing products that are identified will always be blocked from US Customs. At that time, the situation was very tense. Relevant industry organizations and local organizations were encouraging enterprises involved to unite and jointly respond to and safeguard their rights and interests. However, only one of the four companies surveyed at the time stood up and responded to the case. After the final result, Zhibao Company initiated a settlement negotiation. After several rounds of “competition”, the two parties signed a settlement agreement and listed the responding enterprise as the only one within the scope of trademark protection that can be exported to American companies. supplier.

“In international intellectual property litigation, we must respond positively. This is the prerequisite for success. At the same time, we must use the power of unity to win. YKK has never lost in the world’s zipper-related cases, this time. The loss is unprecedented, so it is more typical. Because the lawsuit was made by the association from beginning to end, after winning the case, it increased the cohesiveness, influence and appeal of the association. Winning the case is for the transformation and upgrading of the enterprise. Practical things, good things, protect the interests of enterprises, ensure the healthy development of the industry, and make Chinese companies proud." Wang Zhiwu said.

Winning the lawsuit has also made many companies realize that intellectual property has problems finding associations. Not only does it not allow infringement in the international arena, but also intellectual property infringement disputes occur in the country. The association also helps coordinate and solve the problem, and the patents are used for compensation, which not only realizes the sharing of results, but also promotes the healthy and orderly development of the industry. A senior executive of a listed zipper company involved in the case said: "In foreign countries, I have participated in many intellectual property litigations, but I have been oppressed for 20 years. I did not expect that the association gave me this breath today, and we have had a backing since then." The leading company in the industry also actively joined the club and applied for the vice chairman unit.

In international cases, although the industry is active, most of them are still in a state of passive response and difficulty in grasping the initiative. Enterprises need to make better use of intellectual property weapons, and more actively maintain "sovereignty" and safeguard their own interests.

Gradually mature into normal

In terms of domestic intellectual property protection, the related work of industry enterprises has entered a relatively mature and regular operation stage. “We spend more than RMB 1 million on patent maintenance every year. In order to prevent others from pre-registering patents, there are limitations on the subsequent development of products. We often 'products are not moving, patents go first'. That is, new products enter the market. Or before you need to participate in the exhibition, the company will apply for patents according to the design, materials, technology and other elements to protect our products and markets.” A person in charge of the technical department of Zhejiang Aishida Electric Co., Ltd. said. It is reported that as of last year, ASD has more than 1,600 patented technologies, providing a rich technical reserve for the company's innovation and improvement. In 2012, the three-ring locks passed the examination and approval of the Customs General Administration of Customs of the General Administration of Customs, and invested 10 million yuan each year for counterfeiting, which not only saved the losses for the enterprises, but also continued the "three rings". The old brand and the old brand of the year continue to add value, and the more luminous.

In recent years, industry enterprises have greatly improved their response to intellectual property rights. Patent application and protection have become common sense. Although infringements still occur, it is a moral criterion for honesty and law-abiding among large enterprises. Plagiarism and counterfeiting are mostly in the industry. The key backbone enterprises and well-known brands in the hardware industry have set up full-time patent operations, anti-counterfeiting rights and other activities of the office, on the one hand actively apply for patents, protect innovation achievements, on the one hand, cooperate with relevant departments to combat counterfeit and shoddy products in the market, and maintain their own rights and interests.

It is understood that at the end of 2013, the State Intellectual Property Office released the first batch of state-level intellectual property demonstration enterprises and advantageous enterprises. There are more than ten key hardware enterprises such as Superman, Xinhai, Fangtai, Haier and Vantage, as they apply for intellectual property rights and protection. Outstanding performance, entered the list of the first batch of announcements.

The macro layout, the guidance of the middle view and the micro-level efforts have formed a comprehensive layout of the protection of intellectual property rights in the industry. It is creating a harmonious and healthy environment and creating unprecedented opportunities. I believe that after this, the intellectual property rights of the hardware industry will be guaranteed. The application will also achieve a large leap, and the industry's innovation and improvement will also achieve more mature and healthy development.

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