In 2008, an American woman with LED for patent infringement, to ITC (United States International Trade Commission) filed a request for LG electronics, Motorola, NOKIA, Samsung, SONY, Toshiba and other international brands, global 34 enterprises to carry out the "337 investigation", which has 6 Chinese the companies included in the list. It is reported that the case was lost, according to the 337 clause, if the plaintiff wins, the general exclusion order issued by the defendant's entire LED lighting industry upstream and downstream products are not allowed to enter the United states. China alone will have nearly $100 million of LED products will be banned from exports to the United states.
LED (LightEmittingDiode) is the abbreviation of grade two luminescence tube, it does not rely on the heating filament to emit light, the energy conversion efficiency is very high, the energy consumption can theoretically reach 10% compared with incandescent lamps; fluorescent lamps, energy-saving effect can reach 50% LED. In addition, the use of life, LED uses a solid package, solid structure, life can reach 100 thousand hours, is a fluorescent lamp of 10 times, incandescent lamp of the times of 100 times. Finally, the use of LED instead of fluorescent lamps, fluorescent tubes to avoid the overflow of the two mercury pollution, the current stage of energy saving and environmental protection requirements.
LED as the most cutting-edge broadcasting technology, can be used in many fields of mobile phone, LCD backlight, buttons, signal equipment, large screen etc.. The application of LED in the security industry is mainly in the intelligent transportation system (ITS), in the field of urban traffic, highway and so on, the LED display screen has been widely used as the variable information board, the speed limit sign and so on.
LED: promising "sunrise industry"
China, the current LED industry has already formed the Pearl River Delta, Yangtze River Delta, Jiangxi and Fujian, Beijing and Dalian four regions, each region has initially formed a relatively complete industrial chain. According to the Ministry of information industry in 2007, the Institute of science and technology information and CCID statistics, China's LED industry engaged in more than 400 units, of which up to more than and 160 manufacturers. LED chip production from 11 billion 560 million in 2003, up to 2006, only 30 billion 930 million. According to customs statistics show that, 2003~2006, China's LED exports increased year by year, the annual growth rate of export volume and export volume reached 41.4% and 95.5%, respectively, in 2006 reached $33 billion 740 million, $4 billion 187 million. LED industry has a certain technical and industrial base, the domestic blue chip indicators to achieve the level of foreign products, LED packaging technology and foreign gap is not large, in the international market has occupied a considerable share.
In the development perspective, LED belongs to the "sunrise industry". Mobile phone, automobile industry is a great driving force for the development of LED; the development of Chinese great efforts to use new energy and energy saving technology also provides a good opportunity for the development of energy saving and environmental protection LED; city lighting engineering, interior decoration requirements will provide a broad market for the development of LED industry, China; China, comparative advantage in labor to undertake the transfer of the international semiconductor lighting industry has become possible; in addition, the banking sector is the LED industry as a safe haven for funds. Last September, Taiwan well-known LED manufacturers Lite Technology Co. Ltd. and Citibank and other 15 banks signed a NT $15 billion loan contract, this action undoubtedly can be seen from the LED upstream epitaxial chip, downstream packaging applied to related materials and auxiliary industry investment is increasing rapidly. Therefore, China's LED industry is facing rare opportunities for development.
Intellectual property: LED enterprise "Chinese short board"
Although Chinese LED enterprise is a "money king bright" and "sunrise industry", but from the international tort litigation risk and suppress the trade, now many LED enterprises must solve as pressing danger. Intellectual property rights, has become a barrier to LED companies continue to move forward short board".
China LED packaging and application of enterprise, generally dominated by private enterprises, enterprise growth faster, foreign products, technology imitation ability is extremely strong, but only a handful of companies with the capability of independent innovation, the vast majority of enterprises do not have the LED core patents and technology, the biggest problem is the current Chinese LED enterprises are facing.
According to the director of the development research center of the State Intellectual Property Office Mao Jinsheng introduced, the vast majority of the world's LED patent is mainly composed of Japan and the United States, South Korea and other countries for enterprises and monopoly, and the mainland of China for the proportion is only about 5%. In addition to the number of non dominant, these patent applications are relatively late, basically after 2000 began to submit, and the utility model and the appearance of a large proportion of patents. From the technical aspects of the patent application or the entire LED industry chain, these patents are mainly concentrated in the lower end of the packaging, application and other downstream industries, high technology patents rarely. Some of the core technology patents are basically concentrated in foreign companies, the scope of patent protection has also fallen into the scope of other people's patents. Because more than half of the core patents in our country, so there is a large patent risk.
How to avoid the risk of patent LED enterprise?
To enterprises, patent is a double-edged sword, on the one hand it to the company product development, manufacturing, sales and other business activities, set up a lot of obstacles and restrictions, on the other hand it owns the intellectual property rights of enterprise innovation is a kind of protection. Chinese LED companies on how to avoid risks, Mao Jinsheng gave out a prescription":
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