How should domestic LED lighting enterprises deal with the "337 survey"?
Date:2018-04-28 16:54:00  Hits:1693

In recent years, Chinese enterprises have been successful in responding to the "337 investigation" process, such as the Chinese steel enterprises in the 337 investigation of the steel case in the United States, obtained the victory of all three cases of antitrust, trade secret infringement and anti circumvention. Most of the 337 investigation cases registered in 2016 were concluded in 2017. In one year, the number of successful enterprises in China (including the withdrawal of the other party) reached 22, the highest in history.


However, in view of the "337" survey, most Chinese enterprises failed to respond. The deputy researcher at the American and Oceania Research Department of the Research Institute of the Ministry of Commerce said it is difficult to say that it is necessary to ask the enterprise to respond to or what it is, or to see the strength of the enterprise - like the iron and steel enterprise, which has a great interest in the US trade, it is sure to go to the lawsuit; some small and medium LED enterprises may give up the US market directly and turn to the market. The European market.


Usually, once a company chooses to sue, many subsequent problems will follow. One is the high fees. The "337 investigation" is an international lawsuit and requires lawyers from the two sides to follow up. The other is the possibility of not winning. Once losing a lawsuit, not only will it be necessary to pay high attorney fees, but it will probably be punished by 300% of the penalty duty.There are many ways to deal with the "337 investigation". One of the most effective weapons is to form a negotiating weight. Companies can sign an agreement with the LED patent alliance to give the rights of the entire lawsuit to the alliance, a coalition of powerful experts, including technology, law and patents, to the outside world. For example, last year's steel industry, dozens of one-time survey industry, China's industry associations will be organized to join the group to respond.


In addition to "tearing", reconciliation is also one of the solutions. When encountering the "337 survey", Chinese enterprises can reach a conciliation through patent cross licensing with the negotiation of their competitors. It should be said that this does not lose an effective solution.

Enhance intellectual property awareness, enhance product R & D and innovation capability.With the trend of global economic integration, the unified market inevitably requires strengthening the protection of intellectual property rights. After China's accession to the world trade organization, the protection of intellectual property is increasing year by year, which is the inevitable requirement of the objective situation. Therefore, LED enterprises should not be worried that intellectual property rights can not be effectively protected, but enterprises should not be worried about intellectual property rights.


For small and medium-sized LED enterprises, the shortage of funds is the difficulty for most enterprises. The less funds, less investment in intellectual property rights, the poorer the efficiency of enterprises, the less funds, and thus enter an infinite vicious circle. And, LED enterprises in the case of property rights disputes, often face up to a year, and even a few years, some small and medium LED enterprises are difficult to assume how to make a reasonable allocation of limited funds. Therefore, intellectual property rights may be an effective way to break through the bottleneck of enterprises. If handled properly, they can quickly get out of difficulties and develop at a high speed.


Therefore, the establishment and improvement of intellectual property protection system for LED enterprises is a matter that must be considered and implemented. Only in this way can the intellectual property rights of LED enterprises be better protected, and the intellectual property can be better used to encourage employees to innovate, reduce the cost of products, increase the profits of the LED enterprises, prevent the theft of R & D results, and make the enterprises occupy the high point of the patent in the fierce competition, thus making the enterprises in a complex economy. The environment is in an invincible position.


An international LED company director believes that intellectual property rights must be respected, the development of LED enterprises can not be at the expense of the intellectual property rights of other enterprises, otherwise the enterprise is not far away, and the big and strong LED enterprises must have their own intellectual property rights and core technology.


Looking back at the "337 survey", no matter how to deal with it, an important foundation is to have enough intellectual property rights. Without intellectual property rights, nothing can be said. In today's international market, where intellectual property rights are increasingly competitive, it is "intellectual property rights".  Enterprises should take the lead in the layout of intellectual property rights in the target market before new products go abroad. Even if we encounter "337 investigations", we will be able to work quickly to resolve the crisis and escort the products smoothly into the US market. Enterprises that have no intellectual property rights to take the lead in layout are difficult to win.


Therefore, Chinese enterprises should pay more attention to intellectual property rights, build up their own intellectual property rights foundation, take good intellectual property rights overseas layout, open up the market in the international market competition with the confidence of intellectual property, and set up a new image on the international market competition stage with the strength of intellectual property rights. In this way, we can not only dissolve the unfavorable factors of the "337 investigation", but also make the "Chinese brand" bigger and stronger.


Summary:It can be seen that the US "337 survey" made Chinese lighting enterprises suffer from the lack of core patents, but they had to let domestic LED enterprises face up to this situation. With the development of China's LED lighting industry in the future, not only in Europe and the United States, but also in other countries, it is very likely to face the patent disputes brought by the core technology. Only by mastering the core technology and holding the intellectual property right in their own hands, can we win in the various kinds of confrontation.


Therefore, the overseas market of Chinese LED lighting enterprises should not only pay more attention to improving their original creative ability, but also strengthen the awareness of the layout of intellectual property rights, and build up the consciousness of "living in danger" in the bud. In addition, when the "337 investigation" comes, it should be brave.


  
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