Friday, May 13, 2011

Holley why the preferred trio for intellectual property litigation object

Recently, the Hangzhou City intermediate people's court verdict, Holley's GSM/CDMA dual-mode mobile phone owned by Samsung violated their patent infringement claims established Samsung Holley RMB 50 million yuan of compensation. It is understood that this is by far the largest patent infringement case in Chinese mobile phone industry compensation.

From April 2007 Holley communications since the official proceedings, the case has continued for nearly two years ' time. This is the typical characteristics of the intellectual property rights, of long duration, forensics difficulties, depleting manpower, resources giant.

Display query results on the Internet, on May 25, 2005, the State intellectual property Office had officially issued for Holley communications of the CDMA/GSM dual-mode mobile communication method and communication device of the invention patent, the patent covers the GSM/CDMA dual-mode main means of hardware design and realization of communication products. Currently a dozen mobile phone manufacturers in the market G/C in dual-mode mobile phone products, most of them use the Holley dual mode of communications patents.

What about Holley why preferred Samsung as the action object?

On this, China State communications President Ge Chen of answer is: for support domestic phone brothers enterprise of development, common promote national communications industry progress, on double die phone production enterprise as its main shareholders for domestic enterprise or natural of, China State communications will free license its using related patent; but on abroad brand or abroad shareholders holding of enterprise production double die phone, China State communications hope these enterprise active and China State communications contact, negotiate license using of details problem, China State communications will retained by legal way to maintenance itself intellectual property of legitimate power.

This means that Samsung was the first, but may not be the last recourse Holley communications dual foreign patent infringement.

All along, on the intellectual property issues, and most enterprises of our country in a passive situation, Government often takes this suppressed Chinese companies in foreign countries. Infringement of the Holley communications Sue foreign companies, domestic enterprises from intellectual property rights can create a "defendant" to "plaintiff" precedent. When it comes to this lawsuit, Holley Communications CEO Ge Chen is also a lot of emotion, he said since its proceedings on April 9, 2007 to Samsung, has already received many inquiries phone, many people hearing the proceedings of the first reaction is: is Holley communications is Samsung infringement come? Very often, we're used to be vulnerable in the area of intellectual property, it is in front of this lesson again and again, country and truly recognizes the importance of independent innovation of enterprises, and resolve to gradually erect building owned intellectual property system. This is a span.

Related data can be seen from the State intellectual property Office published, number of domestic enterprises to apply for patents in recent years there's been a big growth. But in these patents, most remain utility model patents and design patents, there are relatively few patents. If you want to create more patent with independent core technology, control of industry standards is a magic weapon of choice, the more obvious in the communications industry. In addition, according to the market for regional innovation, would be a good idea, GSM/CDMA dual-mode phone is a typical product innovation with Chinese characteristics.

Of course, in the presence of intellectual property rights, with independent innovation alone is not enough. Enterprises to apply for patent, its ultimate purpose is legitimate and they work through patent barriers, but after the patented, how to effective protection and use of it, this is a subject. Holley communications of this lawsuit, also reflect domestic enterprises from the creation of intellectual property rights to the promotion of awareness on the protection of intellectual property rights. But in the use of intellectual property rights of way (how to bring more profit making intellectual property work for enterprises), since it does not have a uniform standards and provisions, practices and ideas are not the same for each enterprise, now is not very good grasp of domestic enterprises. This is also where we need to focus on strengthening the future.

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