International lighting giant "raid" China Pavilion to investigate the infringement of two Chinese enterprises stalls were revoked

On April 1st, Foshan entrepreneurs at the International Lighting Fair in Frankfurt are busy running around the international brand booths to observe the fashion and trends of the lighting industry in the future. This is the general manager of Guangdong Kaixiou Lighting Co., Ltd. Wu Yulin ( special observer ). On the third day of the exhibition, the German lighting giant Osram’s “raid” on the patent made him realize that domestic patent protection and protection, and international level The gap is very big.

I came to our booth early this morning and found two tall "spectators" standing on the open space next to the company booth. One of them held a stack of thick documents, flipped through and talked with his companions.

International big-name patent executives are coming again

I was very curious. After careful observation, I discovered that the two "audiences" turned out to be OSRAM's patent executives. The documents they read during the discussion were the familiar EU patent certificates. When they came, I knew what was going on.

The two patent executives of OSRAM are investigating whether their patents have been infringed. They browsed the booths while viewing the products and suspiciously pulled out the patent certificate for verification. All exhibitors at the Frankfurt exhibition must sign a guarantee before the exhibition, and promise that the products must not infringe the intellectual property rights of other merchants, otherwise the consequences will be serious, which is verified today.

I remember that when we last participated in the exhibition, we also met with Philips patent personnel to check. They went to our booth to stare at a product research, check their information for a long time, and finally hurried away. Fortunately, the technology and design of this product has already applied for EU patents and Chinese patents before it can avoid Philips' patent attack. Philips' implementation of its intellectual property rights is extremely "aggressive". They take the initiative and actively implement the patent strategy. If they find any other products that are similar or infringe their patents, they immediately issue a warning and notify the party to request to close the booth. Serious More legally charged and compensated.

Two Chinese companies booths were revoked

The Frankfurt International Lighting Fair is divided into ten branches. The China Pavilion is the first one, but the area is relatively small and the location is relatively remote. I don't know if this is the intentional arrangement of the exhibition side, because it is difficult for the enterprises of the China Pavilion to gain the respect of international merchants. From time to time, the German Customs site will “catch up” the booths of the China Pavilion.

Just today, I saw a message from my peers on WeChat: "The booths of the two Chinese companies have been cancelled." I specifically called him and he said that the news was obtained from the exhibition. I also inquired from a German friend that he did have two Chinese companies found infringement and was dismissed from the booth.

I learned from German customers that after being infringed, the infringed merchant can claim compensation and give the claim price according to the degree of damage, but the infringing company can negotiate with it. However, once the infringement of the other party is found at the exhibition, the company can call the police, and the local police will rush to confiscate all related infringing products and fined the other party for 1,000 euros.

Others are busy innovating our price in fighting

In recent years, the improvement of manufacturing capabilities in China has won many international business opportunities, but it is often overlooked because of the lack of respect for intellectual property rights. Chinese manufacturers lack effective protection and application of patents. Compared with the West, most of China is consciously plagiarized; in the West, it actively avoids and effectively uses the value of patents to promote product innovation and R&D, while implementing patent licensing to achieve resource sharing. .

One of my Israeli clients also mentioned to me that if Jews do business on a commercial street, such as opening a hotel, the business is very good. Other Jews will not open the hotel after they discover it. They will consciously open other supporting services. Such as restaurants, bars, shops, snack shops, etc., so the whole street will be prosperous.

On the other hand, the products I saw in the China Pavilion are very competitive in homogenization. We have provided nearly 70% of OEMs in Europe, but the profits have been lowered by their own disorderly competition and price wars, resulting in low profits. Vicious circle, not to mention innovation and patent protection, rights protection.

Globalized businesses must abide by international rules of the game, which is the application and protection of patents. Innovation is the core of enterprise development, and patents are an umbrella for breakthroughs in innovative technologies. As a business owner, I have always tried to accumulate my own advantages through innovation, but in the face of the infringement of the domestic market, it seems to be at a loss. Sometimes I even feel that it is easier to do business with Europeans.

Exhibitors feel:

Germany strictly refuses fakes

On March 30th, the first day I arrived in Frankfurt, Germany, after a German antique shop, I was attracted by the special lamps inside. Some of them are French lamps from the 19th century, and some ancient lamps from China. Due to the lack of experience in identification, we dare not buy it easily.

Later, we went to a Chinese restaurant to eat and chatted with the two owners. They told me: "There are basically no fake things in Germany. You can buy them with confidence. The German government is very strict on this aspect, such as food safety. The same, from time to time to check; find problems, serious can be ordered to close, but also have to be severely penalized. Therefore, the antiques you buy here will not be fake."

Enterprise spit

High cost of rights protection and low cost of infringement

In the face of the old problems of intellectual property protection, Foshan enterprises, lawyers, and government department heads have a lot to squander. The enterprise side believes that the cost of patent protection rights is too high and the cost of infringement is too low. Lawyers explained that domestic intellectual property protection has improved in recent years. The government said that Foshan is establishing a special association to promote intellectual property protection.

I am afraid that I will be copied for 3 times in the 3rd Canton Fair.

Compared with Philips' strict patent protection, Foshan's patent protection is inferior. At the Canton Fair last spring, it was supposed to be the best platform to attract customers and showcase the strength of the company. Foshan Ideal Bathroom Company only exhibited a new product. In the past two sessions of the Canton Fair, none of their new products were exhibited. According to the person in charge of the company, the company is not without new products, but is worried that it will be quickly imitated by its peers after the exhibition. When the customer is interested, take it to the factory in Dali to visit the new exhibits.

The ceramic sanitary ware industry is the industry that Foshan's patent protection is the most serious. The person in charge of the ideal bathroom introduced that the new product that he had just designed had not been released in batches, and he was copied by others and then started to sell. Zhang Jinpeng, manager of Yingpai Ceramics International Marketing Center, also admitted that the patent plagiarism in the ceramic industry is very fierce. “Small factories basically imitate big factories. Any products that sell well will be copied and imitated”.

100 companies have copied you to tell which one?

As a large ceramic enterprise, the Eagle brand often suffers from patent infringement. "There is no way, too many people have copied, 100 are copying, which one do you want to tell?" Zhang Jinpeng said helplessly. The products made by many companies do not mark at all, which leads to the company not having to trace its roots. On the other hand, the cost of rights protection is too high. "It takes time and energy to go to court. When you fight a lawsuit, the life cycle of a product is almost over. At this time, if you win, what is the significance of protection?"

Lan Weibing, director of the Foshan Office of the China Ceramic Industry Association, said that the application period for ceramic patents is too long. It takes 8-10 months for a patent application to be applied, and 1 year for a utility model patent application, but the new product of the ceramic sanitary ware industry is very new. Fast, you have been hiding for less than a year, and other companies have produced it. It is meaningful to apply for a patent again.

In the face of the prevailing plagiarism, Zhang Jinpeng said that the company's response is now to raise the level of production technology and raise the technical threshold for other companies to imitate, "Let them imitate."

Suggest

Organize SMEs to participate in legal training

Attorney Chen Jiannan, a partner of Guangdong Xinjianda Law Firm, believes that the protection of intellectual property rights in China is indeed behind the developed countries in Europe. "In terms of the intensity of punishment, foreign infringing companies often face high compensation, which can almost make you lose money." Chen Jiannan said that in Foshan, the traditional infringement cases of traditional ceramics, furniture and home appliances are mostly design and utility models. The amount claimed ranges from tens of thousands to hundreds of thousands. The cost of illegally infringing enterprises is too low, resulting in counterfeiting, prevailing cottages, and insufficient incentives for innovation.

"In fact, for the domestic enterprises to participate in the foreign patent protection of the exhibition, the government and the association can do a great job, hire professional lawyers to train, how to avoid patent product infringement before going abroad, in case of infringement The dismantling of the exhibition, how to appeal. These are all urgently needed by Foshan enterprises." Chen Jiannan suggested.

trend

All districts will establish intellectual property associations

The relevant person in charge of the Foshan Municipal Science and Technology Bureau admitted that there is indeed a problem that the patent protection is not in place in the ceramic sanitary ware industry. In the enforcement of intellectual property rights, there are also problems of insufficient manpower. Pan Guanghua, director of the Intellectual Property Office of Foshan City, once said that enterprises have insufficient protection of intellectual property rights and have certain relations with enterprises themselves. “Enterprises need professionals to do intellectual property protection work, and they can realize knowledge of small and medium-sized enterprises through agencies. Protection of property rights."

The Municipal Science and Technology Bureau said that in recent years, Foshan has also done a lot of work in patent protection. For example, the Ceramic Industry Association promotes the establishment of patent pools. Enterprises that join the patent pool can share patents with each other. At the same time, they form an alliance of foreign patent protection to jointly defend against other manufacturers. At present, the Municipal Science and Technology Bureau also plans to increase patent protection. Next week, the Municipal Science and Technology Bureau will promote the further expansion of the Municipal Intellectual Property Association. Each district will also establish an intellectual property association to strengthen patent protection through the strength of the association.


(This article is reproduced on the Internet. The texts and opinions expressed in this article have not been confirmed by this site, nor do they represent the position of Gaogong LED. Readers need to verify the relevant content by themselves.)

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