Mobilize domestic LED lighting companies to respond to the establishment of long-term development strategy
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According to the National Semiconductor Lighting Engineering Research and Development and Industry Alliance (CSA) statistics, in 2007 China's semiconductor lighting packaging industry output value of 16.8 billion yuan, the downstream related application products output value of nearly 30 billion yuan; according to the Ministry of Commerce statistics, 2007 China's LED (light-emitting diodes) The export of LED products involved in the US is about 350 million US dollars, involving nearly 100 companies exporting light-emitting diodes to the United States. At present, the export of LED products in China is mainly based on applied products. The more concentrated application areas include backlights and display screens. However, with the continuous improvement of LED technical indicators, the application to the general lighting field will become more and more extensive.
China is an industrial power and a major consumer of the world's lighting industry, and the largest exporter of lighting products. Therefore, the domestic and international LED products are in great demand. In recent years, the export of LED industry products is mainly based on the European market. This is also related to the EU's industrial policies of promoting energy conservation and environmental protection in recent years and measures such as environmental subsidies in countries such as Germany, but the United States is an important consumer of lighting products. It is also a very important overseas market and cannot be ignored.
Timely mobilization of domestic enterprises to respond
In response to the “337 Survey†of the US International Trade Commission (ITC), the National Semiconductor Lighting Engineering R&D and Industry Alliance made timely communication and coordination. In order to further grasp the progress of the "337 investigation" case and the response of the enterprises involved in the case, timely and accurately report the measures for the "337 investigation" case to the member units, following the National Semiconductor Lighting Engineering R&D and Industry Alliance on March 18, 2008. After holding a seminar on the "337 investigation" countermeasures in Changzhou, Jiangsu Province, the Alliance organized a patent pool working group, industry technical experts and patent attorneys to carefully analyze the patents involved in the "337 investigation" case.
Experts believe that the 5252499 patent of the plaintiff in this case is technically weak, and we should respond actively. The Alliance Secretariat has informed the industry authorities of the Ministry of Commerce, the Ministry of Science and Technology, Guangdong Province, Shenzhen and other countries and localities about the progress of the parties, actively seeking government attention and support; and further strengthening communication and exchanges with relevant industry associations. In particular, I visited the responsible personnel of the China Battery Industry Association, which successfully organized the "337 investigation" battery case, to understand the experience of winning the case and the response strategy; at the same time, we cooperated with the main companies involved in the interview of 11 domestic and foreign lawyers. In order to screen and determine the appropriate team of lawyers; the Secretariat will go to Shenzhen on the evening of March 27 to urgently convene the four business leaders involved in the case to jointly determine the response strategy and response plan.
At present, with the attention and support of relevant government departments such as the Ministry of Commerce and the Ministry of Science and Technology, under the coordination and mobilization of the National Semiconductor Lighting Engineering R&D and Industry Alliance, the enterprises involved in the case are preparing for the responding. The responding enterprises also indicated that they must unite and actively respond to the law under the leadership of the National Semiconductor Lighting Engineering R&D and Industry Alliance, and strive to fight the non-infringement defense and strive for the greatest interests of the whole industry, thus achieving the greatest victory.
In the next step, in addition to going to the ITC for non-infringement response in accordance with normal procedures, it is also possible to organize upstream companies to intervene in the form of third parties. As for the fact that several major industry giants in the world have reached a settlement with the plaintiffs, we still don’t know the specific content of the settlement. From a certain perspective, we do not rule out other commercial interests, but this incident has been given to us. The industry is ringing the alarm. It is necessary to strengthen the awareness of intellectual property protection and prepare for effective response strategies. At the same time, in the progress of this case, we must pay close attention to the trends of other responding enterprises and ensure the effectiveness of the response strategy. China still lacks core patent technology
In recent years, the international semiconductor lighting industry has maintained a good momentum of development. In particular, China's semiconductor lighting industry has developed more rapidly, and patent applications have been blown out. In the past five years, the semiconductor lighting industry has become one of the fastest growing patent applications, especially after the launch of the national semiconductor lighting project, in the Ministry of Science and Technology, the "863 Program" and the former Ministry of Information Industry "Electronic Development Fund" Under the relevant industry promotion plan of the relevant ministries and commissions, the number of patent applications in the LED field is 40% of the total number of patents in the past 16 years, and has achieved certain results. By the end of 2007, only domestic research institutes and enterprises directly under the Ministry of Science and Technology and the “863 Program†had applied for 241 patents, including 152 national invention patents and 17 international invention patents.
However, at the same time of development, we should also clearly understand that, in terms of the core patents currently in existence, the gap between China's semiconductor lighting companies and foreign semiconductor lighting manufacturers is still relatively large. At present, most of the core patents in the LED field are in the hands of major companies such as Nichia, Toyota, CREE, OSRAM, etc. The United States, Japan and Germany are still the countries with the highest level of technological development in the semiconductor lighting industry in the world, and the core patents of the semiconductor lighting industry in China. The gap between technology and foreign countries is still relatively large. The patent awareness of enterprises is weak. The upstream industry applies for a relatively small number of patents, mainly based on peripheral invention patents. Although there are many patent applications in downstream industries, they still use utility model patents. In addition, China's patent applications are mainly domestic applications, relatively few abroad, some technical gaps in some technical fields, or deviated from the hot technology direction, the level of patent rights used by patent owners in China is relatively low.
Actively establish an intellectual property development strategy
In the future, with the further development of the domestic LED industry, disputes concerning intellectual property rights will show more and more trends. Although this patent dispute is only for upstream epitaxial materials, there will be more possibilities in terms of materials and structures in the field of LED white light.
Therefore, the Alliance is actively coordinating relevant departments and research institutes, and joint industry enterprises to jointly conduct intellectual property research and formulate corresponding prevention strategies and countermeasures. At the same time, we have several suggestions for the current research institutes and enterprises in applying for patents: First, we should promote the coexistence of multiple technical routes in technology, so that there are different levels of ownership, and the level is clear, and the domestic market strategy is divided into domestic The two development routes abroad; the second is to learn from the development model of Taiwan's LED industry, learn the advanced intellectual property management experience of foreign large companies; the third is to establish a patent strategy alliance for LED industry; the fourth is that the patentee learns to actively use the patent system.
The "337 investigation" encountered in China's LED industry is only the beginning. With the rapid development of China's LED industry, the intellectual property issue of China's LED industry will face greater challenges in the future. How to strengthen the awareness of intellectual property protection and implement effective coping strategies is a long-term and arduous task that China's LED industry needs to face. At present, the Alliance is actively planning to establish a long-term intellectual property development strategy, and further escorting the healthy development of the industry through the development of patent pools and other related work. 
