The LED (short-wavelength light-emitting diode) industry, under the leadership of the National Semiconductor Lighting Engineering R&D and Industry Alliance, responded quickly to the sudden US “337 investigationâ€. On April 18th, the Semiconductor Industry Alliance revealed that Guangzhou Hongli Optoelectronics and Shenzhen Zhoulei, among the four LED companies involved in China, had already responded to the case, while Chaoyi Optoelectronics and Jiaguang Electronics were unable to afford the high litigation costs. On the grounds, give up the joint lawsuit.
In recent years, Chinese companies have frequently become the target of the US “337 investigationâ€. From batteries, wood floors, stationery, ink cartridges to today's LEDs, more and more domestic companies are "prone to trouble" in the United States due to patent disputes. Since the first "337 investigation" on China in 1986, as of June 2007, there were 53 "337 investigations" involving Chinese products, accounting for 9% of the total investigation. Among them, 46 cases involved invention patent disputes. Facts have proved that American companies have used the "337 investigation" as the most cost-effective and time-saving legal way to resist Chinese products entering the US market.
Due to the trade exclusivity characteristics of the “337 Investigation†itself, if you do not respond actively, the consequences will be very serious. In addition to the loss of Chinese LED manufacturers in the US market, it may also affect the export of products to Europe, South America, etc., and will lose tens of billions of dollars of international LED products. Currently, in China, related to the LED industry chain. There are 1700 companies. If the US International Trade Commission decides that the Chinese company has lost the case, it may issue a "universal exclusion order." During the validity period of the plaintiff's patent, the LEDs and downstream products produced by Chinese companies will be completely banned from exporting to the United States.
Different from the anti-dumping case, in the "337 investigation", it is not necessary to prove that the domestic industry in the United States has been damaged, but only the imported products have to be infringed, and the relevant industries in the United States do. Therefore, for US companies, the threshold for filing “337 investigations†is relatively low, while the corresponding lawsuits are more difficult than anti-dumping complaints. As China's technology exports to the United States increase and exports increase, US trade protectionism is on the rise. One of its killers is intellectual property issues. In particular, the "337 investigation" has become a "roadblock" for domestic companies to enter the US market. .
In recent years, the US has repeatedly tried the "337 investigations" of Chinese companies because they often judge from experience that as long as China does not hold a group to the outside world or does not respond, then they can easily block the market. In addition to winning the “337 investigation†on cases such as batteries, more cases were caused by domestic companies paying huge mediation fees or completely losing their claims, and their products were permanently stopped outside the US gate. "It’s unfortunate, it’s not blaming." This is the general tragic situation of Chinese companies in the face of international lawsuits. Today, some LED companies in China once again show a weak mentality - among the domestic companies being sued, Chaoyi Optoelectronics and Jiaguang Electronics abandoned the lawsuit.
In fact, the primary reason for Chinese companies to lose their lawsuits is that they should not sue. Many companies renounce complaints because they are afraid of high lawyer fees and investigation fees. However, in the face of the "337 investigation", Chinese companies should actively respond to the lawsuit, rather than passive confrontation, to avoid the other party's aggressiveness, the respondent ultimately benefit, and the concessionaire is damaged. For the "Intellectual Property War" that has been rolled over, Chinese companies should not be intimidated by the "337 investigation" when dealing with the "337 investigation" crisis. We must take it seriously, study hard, make good decisions, learn to use patent strategy and tactics flexibly in the patent war, and strive to win the initiative of patent war at the lowest possible cost.
According to relevant experts, Chinese companies have "solved", "absent", "confrontation" and "counterattack" in the face of the US "337 investigation" optional strategy. As long as they dare to respond, Chinese companies have a chance to win. In addition, Chinese companies must also develop basic skills - to build their own intellectual property protection system, from the analysis of competitors' intellectual property rights, to establish a defense strategy. For example, from the application for a patent mark, etc., complete the layout of its own intellectual property protection. Experts suggest that Chinese companies should be able to apply for their own patents in the United States, because all US companies and patents registered in the United States in accordance with legal procedures will have priority in resolving disputes.
Under the trend of economic globalization, how to strengthen the independent innovation of Chinese enterprises and rapidly improve the ability to master and use intellectual property rights for market competition is becoming an urgent problem to be solved. It should be noted that the Chinese LED industry encountered the "337 investigation" in the United States is only the beginning. With the rapid development of China's LED industry, the intellectual property issues of LED enterprises will face greater challenges in the future. Strengthening the awareness of intellectual property protection and implementing effective coping strategies are a long-term and arduous task for Chinese LED companies to jointly raise vigilance. Furthermore, Chinese LED companies will encounter the 337 investigation incidents in the United States in the future. Only by holding up the group and directly confronting these investigations and frictions will they understand the "rules of the game" of international trade and accumulate more important issues through defense proceedings. Respond to the experience of the 337 investigation.
In recent years, Chinese companies have frequently become the target of the US “337 investigationâ€. From batteries, wood floors, stationery, ink cartridges to today's LEDs, more and more domestic companies are "prone to trouble" in the United States due to patent disputes. Since the first "337 investigation" on China in 1986, as of June 2007, there were 53 "337 investigations" involving Chinese products, accounting for 9% of the total investigation. Among them, 46 cases involved invention patent disputes. Facts have proved that American companies have used the "337 investigation" as the most cost-effective and time-saving legal way to resist Chinese products entering the US market.
Due to the trade exclusivity characteristics of the “337 Investigation†itself, if you do not respond actively, the consequences will be very serious. In addition to the loss of Chinese LED manufacturers in the US market, it may also affect the export of products to Europe, South America, etc., and will lose tens of billions of dollars of international LED products. Currently, in China, related to the LED industry chain. There are 1700 companies. If the US International Trade Commission decides that the Chinese company has lost the case, it may issue a "universal exclusion order." During the validity period of the plaintiff's patent, the LEDs and downstream products produced by Chinese companies will be completely banned from exporting to the United States.
Different from the anti-dumping case, in the "337 investigation", it is not necessary to prove that the domestic industry in the United States has been damaged, but only the imported products have to be infringed, and the relevant industries in the United States do. Therefore, for US companies, the threshold for filing “337 investigations†is relatively low, while the corresponding lawsuits are more difficult than anti-dumping complaints. As China's technology exports to the United States increase and exports increase, US trade protectionism is on the rise. One of its killers is intellectual property issues. In particular, the "337 investigation" has become a "roadblock" for domestic companies to enter the US market. .
In recent years, the US has repeatedly tried the "337 investigations" of Chinese companies because they often judge from experience that as long as China does not hold a group to the outside world or does not respond, then they can easily block the market. In addition to winning the “337 investigation†on cases such as batteries, more cases were caused by domestic companies paying huge mediation fees or completely losing their claims, and their products were permanently stopped outside the US gate. "It’s unfortunate, it’s not blaming." This is the general tragic situation of Chinese companies in the face of international lawsuits. Today, some LED companies in China once again show a weak mentality - among the domestic companies being sued, Chaoyi Optoelectronics and Jiaguang Electronics abandoned the lawsuit.
In fact, the primary reason for Chinese companies to lose their lawsuits is that they should not sue. Many companies renounce complaints because they are afraid of high lawyer fees and investigation fees. However, in the face of the "337 investigation", Chinese companies should actively respond to the lawsuit, rather than passive confrontation, to avoid the other party's aggressiveness, the respondent ultimately benefit, and the concessionaire is damaged. For the "Intellectual Property War" that has been rolled over, Chinese companies should not be intimidated by the "337 investigation" when dealing with the "337 investigation" crisis. We must take it seriously, study hard, make good decisions, learn to use patent strategy and tactics flexibly in the patent war, and strive to win the initiative of patent war at the lowest possible cost.
According to relevant experts, Chinese companies have "solved", "absent", "confrontation" and "counterattack" in the face of the US "337 investigation" optional strategy. As long as they dare to respond, Chinese companies have a chance to win. In addition, Chinese companies must also develop basic skills - to build their own intellectual property protection system, from the analysis of competitors' intellectual property rights, to establish a defense strategy. For example, from the application for a patent mark, etc., complete the layout of its own intellectual property protection. Experts suggest that Chinese companies should be able to apply for their own patents in the United States, because all US companies and patents registered in the United States in accordance with legal procedures will have priority in resolving disputes.
Under the trend of economic globalization, how to strengthen the independent innovation of Chinese enterprises and rapidly improve the ability to master and use intellectual property rights for market competition is becoming an urgent problem to be solved. It should be noted that the Chinese LED industry encountered the "337 investigation" in the United States is only the beginning. With the rapid development of China's LED industry, the intellectual property issues of LED enterprises will face greater challenges in the future. Strengthening the awareness of intellectual property protection and implementing effective coping strategies are a long-term and arduous task for Chinese LED companies to jointly raise vigilance. Furthermore, Chinese LED companies will encounter the 337 investigation incidents in the United States in the future. Only by holding up the group and directly confronting these investigations and frictions will they understand the "rules of the game" of international trade and accumulate more important issues through defense proceedings. Respond to the experience of the 337 investigation.
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