How the hottest Chinese enterprises deal with inte

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How Chinese enterprises deal with international disputes

from June 9 to 10, the development research center of the State Intellectual Property Office joined forces with Morgan Lewis law firm of the United States, The "international intellectual property competition and dispute handling practice" was held in Beijing "Seminar. People from various intellectual property agencies, enterprise intellectual property departments and intellectual property management departments gathered together and had extensive exchanges with American lawyers on international intellectual property theory and practice issues of concern.

practice internal knowledge and usage to avoid disputes

Chinese enterprises in the international market, not only face the challenge of foreign companies' technological research and development advantages, but also encounter foreign relatively mature laws Such as the threat of anti-dumping, customs detention and other relevant provisions

in this regard, American lawyers believe that first of all, Chinese companies should learn from the experience of start-up companies in Japan, Taiwan, China and South Korea, pay attention to the establishment of intellectual property rights related to their products, get rid of the dilemma of inferior skills as soon as possible, and strengthen the chips of equal dialogue. According to experts, patents can bring many competitive advantages to enterprises. In addition to earning patent license fees, attracting foreign investment and facilitating product publicity, it can also be used as a shield and weapon in case of inevitable intellectual property disputes. Enterprises can provide patent licenses to each other to settle patent disputes and reduce patent license fees, or use their own patents to block the other party's market in China, so as to facilitate reconciliation. According to relevant data, the South China branch of the "National Engineering Research Center for engineering plastics" built in Changping Town received the most patents in the United States in 2004, including 14 in Japan, 2 in Taiwan, China and 2 in South Korea. It is in the international intellectual property competition that these countries and regions have gradually realized the importance of patents and changed from passive response to active competition

in addition, for the restriction of foreign legal terms, Morgan Lewis law firm legal counsel China 1million vehicles; Carbon fiber can be used to manufacture body structural parts, covering parts, auto rims, drive shafts and other parts. Ms. Hu Kangping believes that if domestic enterprises want to compete in the international market, they should understand the international rules of the game, understand the relevant legal knowledge of international intellectual property rights, and make the best use of this knowledge to serve themselves, so as to establish an effective international intellectual property strategy

"it is particularly important that Chinese enterprises should pay attention to prevention before it happens, so as to avoid the company being involved in patent infringement litigation. Because the cost of litigation is expensive, there is no real winner for both sides. "Ms. hukangping actively advised the intellectual property managers of various enterprises who came to learn from it, and gave specific suggestions on how to use the legal knowledge of intellectual property to avoid disputes. She said that before deciding to invest in the production of new products, the company should first determine whether the competitors have relevant patents through patent search, and stressed the importance of inviting patent lawyers to conduct risk assessment at this time. If it is evaluated by patent lawyers and documented It is clearly recognized that this product has no infringement. Even if it is ruled as infringement by the court in the infringement litigation in the future, it can avoid being sentenced to three times the compensation of intentional infringement. If the lawyer evaluates the risk of infringement, he can consider changing the product design to avoid infringement, or negotiating with the patentee to obtain a more favorable patent license. Obviously, this prior evaluation can not only calculate the patent royalties into the cost structure of the product, but also win the initiative of negotiation with the patentee

pay attention to strategies and respond appropriately

it is worth noting that in the United States, more than 2500 infringement lawsuits are filed every year. The United States International Trade Commission (ITC) in 2001 to 2003 conducted 57 investigations of intellectual property as to the right to continuity litigation, involving as many as 19 Chinese enterprises, and more than 75% of the cases lost. According to statistics, the number of defendants of Chinese enterprises is increasing year by year. Industry insiders believe that enterprises should establish the concept of avoiding intellectual property disputes as much as possible when they participate in competition. However, with the increasingly fierce competition in the international market, when disputes are inevitable, they should pay more attention to the strategy and level of dealing with disputes

"ignoring the infringement warning may pay a heavy price, and Chinese enterprises should learn to look for opportunities in the negotiation." Robert, a partner of Morgan Lewis law firm, believes that most of the above losses are due to Chinese enterprises' lack of full preparation for the rapid trial method of the U.S. International Trade Commission, and Chinese enterprises are often at a loss when they receive the warning letter. Robert also gave Chinese enterprises a "prescription" at the seminar He believes that once Chinese enterprises receive the warning letter from foreign enterprises, they should not passively avoid it or make a settlement immediately. Instead, they should actively negotiate with the other party and hire professional lawyers to evaluate whether the products really constitute infringement and whether the patent is valid. Panasonic, the exclusive supplier of Tesla, will build a battery factory in China; Overseas, determine who should be responsible for infringement, etc. Even if it is an infringement, it can also negotiate, cooperate with the patentee commercially or provide sales channels for him in the Chinese market, so as to minimize the patent royalties and turn both parties from competitors to partners, forming a win-win situation

in view of the recent case of Chinese DVD manufacturers suing 3C patent pool in the United States, the participants discussed the relevant strategies of rational use of antitrust against patent pool, standard establishment and unreasonable use of patents. Relevant experts believe that patent pools must be mutually obstructive and complementary patent collections. Generally, the establishment of patent pools has been evaluated by antitrust experts and approved by the government. The correct use of patent pool is conducive to promoting competitors to improve technology and expand the market for products that may not have a market, which will not touch the anti-monopoly law. However, if the patent pool bundles core patents and non core patents, or puts two replaceable patents together, it constitutes a kind of patent abuse that hinders competition

"using public opinion to affect public sentiment will form a tendency, which is also the usual strategy of many enterprises. "In an interview with China intellectual property news, Robert especially emphasized the influence and role of media supervision of public opinion in international infringement disputes. He said that public opinion will not affect the judge's decision, but it does play a role. If foreign companies have products sold in the Chinese market, they will consider their public image and may adjust their negotiating position. (end)

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