LED patent ecological environment needs urgent purification situation is not optimistic
With the strong support of the state's policy of encouraging patent applications, the intellectual property situation in China's LED industry has greatly improved in recent years, which is reflected in the sharp increase in the number of patent applications and the improvement in patent quality. However, due to China's late start, the patent layout of LED industry chain in Europe, America, Japan and other countries began as early as the 1980s s, moreover, the patent layout of GaN-based LED epitaxy and chip grown on Sapphire and SiC substrates has been basically completed, so the overall situation is not optimistic. The main problems we face are: 1. The ecological environment of intellectual property rights is harsh, which is mainly manifested in the low cost of infringement and plagiarism. Therefore, companies that have invested more in technological innovation and have done better have not received benefits and benefits. To some extent, attaching importance to innovation and intellectual property rights has only become a saying. However, infringing companies live well, plagiarism is known as a fake, and there is a big market. This ecological environment is difficult for young seedlings of technological innovation to thrive. 2. The promotion of LED lighting market is being carried out in an all-round way. Companies invested in the early stage, especially those like Japan, Cree and Philips, are already rubbing their hands. They not only want to gain benefits in products and markets, they are also prepared to obtain benefits and returns from the patent network they have already arranged. From more than 100 legal lawsuits in the world in recent years and the promotion of Philips' LED lighting license project, we can see the clue of their long-term deliberate preparation and planning. The licensing project for LED lighting lamps promoted by Philips since 2008 is progressing smoothly. It is reported that more than 230 enterprises have signed licensing agreements with Philips, these companies will extract 3 ~ from their sales of LED lamps ~ 5 to Philips. This kind of harvest is still good, and their profits will be very considerable in the long run. Moreover, Philips is likely to be a courtesy and a soldier. If many companies have paid license fees over a period of time, they may take legal measures to make them submit to those companies that do not pay license fees. We can only wait and see whether this prediction is accurate. 3. Some people will ask: for so many years, infringement lawsuits related to LED patents rarely occur in China. Will they really happen in the future? Is it alarmist? It should be noted that LED infringement lawsuits do not occur many times in China. I think this is caused by several reasons: first, China's situation is indeed special, the relevant market laws are not as standard as those of developed countries, and the protection of intellectual property rights has not yet formed a certain climate; Second, domestic LED enterprises are relatively small and have no oil and water to squeeze. They can continue to cultivate for a period of time like raising pigs; Third, the products of these enterprises have not yet posed a great threat to international giants, and so on. However, when the time is right, the infringement lawsuit will come to you. Patent litigation is like a sharp sword hanging on the head of Chinese LED enterprises, which may fall to the head at any time. This is a terrible and sad reality. How to solve these problems and where is the way out for China's LED patent problem? The author believes that the above-mentioned problem is not the current problem, but 5 ~ The problem 10 years ago. Because our previous work was not done well and we did not attach importance to technological innovation and patent protection, the passive and embarrassing situation we are facing at present appeared. If you don't work hard on the patent today, then 5 ~ In 10 years, we will still encounter the same problem. Therefore, we must start from now on and attach importance to patent protection in our actions. The country needs to formulate good policies to make enterprises that invest in technological innovation profitable, and at the same time to make enterprises that rely on plagiarism and infringement for non-independent innovation. Only in this way can we build a healthy environment, and the industry will have a healthy ecological environment. It is really proud of innovation and shameful to copy. In addition, we should advocate and encourage the licensing and authorization of patents, gradually shifting from encouraging and supporting patent applications to encouraging the implementation and licensing of patents. Thoroughly analyze and study the core original patents at home and abroad, and come up with an evasive plan. For patents that cannot be bypassed, take the initiative to obtain authorization. Only in this way can the LED lighting industry develop healthily and orderly.