Intellectual property international competition, are we ready?

Apple sued Samsung, Nokia sued Apple, Ericsson sued ZTE, Huawei sued Motorola... In the recent past, the international information and communication industry has shrouded in the smoke of lawsuits. It has been found that the companies involved are all well-known enterprises in the international communications industry, and the contents of lawsuits are patent infringement without exception. Patents are the core and main content of intellectual property rights, so the essence of patent litigation is intellectual property competition. In front of the ever-increasing international competition for intellectual property rights, has Chinese enterprises gradually deepened their globalization? Are they fully prepared for this?

Intellectual property rights are extremely important to information and communication companies, as evidenced by two examples. Nortel, which has already gone bankrupt, is trying to sell its last asset, the patent. The 6,000 wireless technology patents that Nortel plans to sell not only appeal to international telecommunications giants such as Ericsson and Nosi, but even Internet giants also want to get their hands dirty. Google has already offered $900 million for Nortel’s patents, but as the number of bidders continues to increase, it remains unclear who the company’s patents will eventually fall, and its price is likely to exceed $1 billion. This is almost equivalent to the price when Nortel sold its global wireless business assets. Qualcomm of the United States relies on its patent authorization in the field of CDMA technology and has earned billions of dollars in profits over the years. Many of China’s well-known communications equipment companies pay Qualcomm a huge amount of CDMA patent technology every year. fee.

The relationship between the information and communications industry and intellectual property is also the most special. The scale of intellectual property in the information and communication industry is very large. For example, Huawei has cumulatively applied for 40,100 patents worldwide, and ZTE has 35,000 digits. Other international counterparts such as Ericsson, Nosi, Alcatel, etc. have more corresponding patents. From the industry point of view, almost no industry like the information and communication industry, intellectual property intensity, complexity is so high. In the information and communications industry where intellectual property is highly concentrated, there may be tens of thousands of patented technologies in one mobile phone and up to several thousand patented wireless base stations.

After the outbreak of the international financial crisis, the international competition landscape of the information and communication industry has undergone tremendous changes. With the accelerating pace of technological innovation and the rapid development of the mobile Internet, some emerging companies have replaced the market status of the old and incumbent enterprises, and are impacted. These old-fashioned companies are not willing to lose their glory in the past, when the normal market means failed, based on its profound accumulation in the technical field, they invariably played the final trump card - intellectual property protection. This is not only an unconventional means of market competition, but also a well-known one: the whole world encourages technological innovation, and all of them share the attitude of intellectual property protection including technical patents. The use of intellectual property protection to suppress competitors is a rather hidden and brilliant strategy.

At present, Huawei, ZTE and other domestic industry leaders have formulated intellectual property strategies and actively implemented the global patent strategy. However, on the whole, the domestic ICT companies’ ability to innovate has yet to be improved, and preparations for dealing with international intellectual property competition are not yet adequate. Technology patents can only be obtained through continuous technological innovation, while enterprises are the main body of technological innovation. The lack of investment in innovation by enterprises also causes the relative lack of innovation capability of the entire country. At the same time, the return on investment in intellectual property is lagging behind. The birth of a patent requires a long process. Researchers must endure loneliness and enterprises must be willing to invest continuously. Huawei and ZTE each invest no less than 10% of their sales revenue in R&D. While paying attention to domestic patent protection, the Patent Cooperation Treaty (PCT) cannot be ignored. This means that patents granted in one member country are equally valid in other member countries, and are also internationally recognized as important indicators for measuring the ability of enterprises to innovate in technology. In 2008, with 1,737 PCT patent applications, Huawei ranked first in the world in the number of PCT patent applications; in 2010, ZTE Corporation ranked second in the world with 1,863. Relevant experts believe that in order to deal with international competition for intellectual property rights, Chinese companies must first possess their own patent strength, be familiar with international intellectual property game rules, and have a global perspective. This will not only protect the intellectual property of the information and communication industry, but also the entire high-tech industry. Universal.

The international competition for intellectual property rights not only attaches great importance to relevant domestic information and communication companies, but also serves as a relevant government department to accelerate the promotion of intellectual property strategy. Li Yuguang, deputy director of the State Intellectual Property Office, pointed out in a recent report on the international situation of intellectual property rights that in the post-financial crisis era, international competition has intensified and the implementation of intellectual property strategy has become a global consensus. The intellectual property system has not only provided a system for the protection of innovation results, but also related to the economic sovereignty of a country. China should speed up the implementation of its intellectual property strategy and use intellectual property to enhance its core competitiveness. Han Jun, Deputy Director of the Technology Department of the Ministry of Industry and Information Technology, also stated at the 2011 China Intellectual Property Forum that intellectual property rights have a very important boosting role in the development of strategic emerging industries. Therefore, technological innovation and patent layout must be taken as the main attack direction for the development of strategic emerging industries. The use of intellectual property to boost the development of strategic emerging industries is a new topic. To realize this vision, it is necessary for governments, enterprises, research institutes, industry associations, professional organizations and other parties to make unremitting efforts.

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