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Under the strong support of the state's patent application policy, in recent years, the intellectual property situation of China's LED industry has been greatly improved, which is reflected in the sharp increase in the number of patent applications and the improvement of patent quality. However, due to the late start of China, the patent layout of the LED industry chain in Europe, America and Japan began as early as the 1980s, and GaN-based LED epitaxy and chips were grown on sapphire and SiC substrates. The layout of the patent has been basically completed, so the overall situation is not optimistic.
Liang Bingwen, a researcher at the Institute of Nanotechnology and Nano Simulation of the Chinese Academy of Sciences, said that the main problems faced are:
1. The ecological environment of intellectual property is bad, mainly because the cost of infringement and plagiarism is too low. Therefore, companies that have invested heavily in technological innovation and do a good job have not received benefits and benefits. Paying attention to innovation and paying attention to intellectual property rights has only become a kind of argument to some extent. The infringing company is very moist, and the plagiarism has become a cottage, and there is a big market. This kind of ecological environment is difficult for the seedlings of technological innovation to thrive.
2. LED lighting market promotion is in full swing. Early-stage companies, especially those like Nichia, Cree, Philips, etc., are already gearing up. They not only have to benefit from products and markets, but also prepare for patents that they have already prepared. Benefits and rewards in the net. From the advancement of more than 100 international lawsuits and Philips' LED lighting license projects in recent years, we can see that they have long been concerned about the preparation and planning of the clues. The LED lighting license project that Philips has promoted since 2008 is progressing smoothly. It is reported that more than 230 companies have signed licensing agreements with them, and these companies will take 3 to 5 of their LED lighting sales to Philips. This kind of harvest is still good, and their income will be very good in the long run. Moreover, Philips is likely to be a sergeant. If a company has paid a license fee for a while, they may take legal measures to make a compromise for companies that do not pay the license fee. Whether this prediction is accurate, we can only wait and see.
3. Some people may ask: After so many years, infringement lawsuits related to LED patents in China rarely occur, will it happen in the future? Is it worrying? It should be noted that the number of LED infringement lawsuits did not occur in China. Liang Bingwen believes that this is caused by several reasons: First, the situation in China is indeed special, the relevant market laws are not as standardized as those of developed countries, and intellectual property protection has not yet formed a certain climate; second, domestic LED enterprises are relatively small, and there is no oil or water. Squeeze, can continue to cultivate for a period of time like pigs; third, the products of these companies have not formed a great threat to the international giants, and so on. However, when the time is ripe, infringement lawsuits will come to the door. The patent litigation is like a sword hanging on the head of a Chinese LED company. It is possible to fall to the head at any time. This is a terrible and sad reality.
How to solve these problems, where is the way out for China's LED patent problem? Liang Bingwen believes that the above mentioned problems are not the current problems, but the problems 5 to 10 years ago. Because our previous work was not done well, and we did not pay attention to technological innovation and patent protection, we have emerged the passive and embarrassing situation we are facing. If we don't work hard on patents today, we will still encounter the same problem after another 5 to 10 years. Therefore, we must start from now and pay attention to patent protection in action. The state needs to formulate a good policy, so that enterprises that invest in technological innovation are profitable, and at the same time, it is necessary to let non-independent innovations rely on companies that plagiarize infringements to squander. Only in this way can we be upright, the industry will have a healthy ecological environment, truly be proud of innovation, and plagiarism is shameful.
In addition, the licensing and authorization of patents should be promoted and encouraged, from encouraging the gradual transfer of support for patent applications to encouraging the implementation and licensing of patents. Conduct thorough analysis and research on core original patents at home and abroad, and come up with a circumvention plan. For patents that cannot be circumvented, actively seek authorization. This is conducive to the healthy and orderly development of the LED lighting industry.