Patent lawsuits among appliance enterprises have been increasing in the past year alone.After last June Sharp sued Hisense in the U.S. court for claiming the right to use the brand and claimed 100 million U.S. dollars, in the last month of 2017, Hisense Electric patented The lawsuit was filed against Sharp in Beijing and Qingdao courts on the grounds of infringement.
Just in November 2017, another air-conditioning giant Gree prosecution Oakes patent infringement case in Guangzhou Intellectual Property Court in the first instance public trial.In last June, Gree to patent infringement on the grounds to Oxfam 110 million yuan for patent litigation claims.Ox In August last year, sued Gree patent infringement and claim 50 million yuan.
Liang Zhenpeng, a senior observer in the appliance industry, told reporters that the appliance industry has matured and the consumer upgrade has taken place. Under the background of escalating consumption, the war on home appliance enterprises has evolved from price warfare, marketing warfare and channel warfare to technology warfare, product warfare, Patent war.
Giant battle
According to information provided by Hisense, Hisense Electric has formally filed a lawsuit against courts in Beijing and Qingdao alleging that Sharp up to a dozen of TV products sold domestically in China infringed Hisense's invention patent.
Hisense launched the patent involved mainly 'a backlight control methods and devices and LED TV' and 'backlight drive circuit and television' and other two patents, and are in the period of validity.Hisense in the petition requires the court to order Sharp Immediately stop infringement of their patent rights, stop manufacturing, sales, promised sales of infringing products, destruction of infringing products and other appeals, the two courts have formally accepted the case.
Prior to this, both Hisense and Sharp had already 'taken hands.' In June 2017, Sharp filed a lawsuit against Hisense in a U.S. court on the grounds that Hisense undermined Sharp's brand image in North America demanding that Hisense stop using the brand and claim $ 100 million. In November, the United States District Court for the District of Columbia rejected Sharp's motion for prosecution, followed by Hisense's counterattack in the country to prosecute Sharp.
'Our prosecution also illustrates the attitude of violations of Hisense's rights.' Hisense Electric insiders told reporters that the lawsuit was initiated only to safeguard their rights, the case is currently being handled by the court.
As of press time, Sharp has not yet replied to this reporter's interview emailed about the case.However, according to media reports, Sharp said after the prosecution of Hisense, will actively respond to, and has allegations against Hisense patent infringement claims invalid.
Coincidentally, the air-conditioning giant Gree and Oaks is also due to patent issues this year courtesy.November 16, 2017, Guangzhou Intellectual Property Court held a public hearing Gree Electric Appliance v. Oaks air-conditioning utility model patent infringement case.
Gree claims that it is a utility model patentee of an indoor unit for air conditioners. In 2017, Gree found that eight air conditioners sold by Oux fell within the scope of Gree's patent protection and requested the court to order Oakes to stop immediately Infringement, and compensation for its economic losses and a reasonable cost 40 million yuan.
Oakes argues that the patent infringement case has been partially invalidated by the Patent Reexamination Board because the patent right is in an unstable state and the court should dismiss the plaintiff for prosecution or suspend the trial of the case, which has not yet been adjudicated.
In response, Oaks side told reporters that the current case is in the litigation stage, inconvenient to do more replies.
In fact, this is not the first time Oaks and Gree stand on the court.In 2017 June, Gree to Oaks this year's new Athena series of air-conditioning infringement of Gree's patents on the grounds that the Oaks air conditioning sued the Guangdong Provincial Higher People's Court, and claim 110 million yuan. Two months later, Oaks launched a counterattack, against Gree in the air-conditioning motor installation, panel, air damper and other technical violations exist, Oaks Air Conditioning filed a lawsuit to Ningbo Intermediate People's Court, requiring Gree to stop infringement And compensation for the loss of more than 50 million yuan, while before Oaks in 2015 and 2016, respectively, by the court verdict against Gree and Midea patent infringement.
Patent dispute
Initiation of patent litigation is only a means of competition in the enterprise. Judging from the past cases, although the amount of litigation claims are very high, the compensation imposed by the lawsuit is minimal and even the amount of compensation is very small. "Hong Shibin, a household electrical appliance industry observer, Reporter said.
Li Shunde, vice president of China Intellectual Property Law Research Association, also pointed out that nowadays all walks of life develop rapidly and the competition is fierce. With the emphasis on intellectual property, every enterprise also uses intellectual property rights to compete in the enterprise. Property rights litigation on the surface is the case of intellectual property litigation, in fact, the essence of the results of market competition, the use of intellectual property as a means of competition to participate in market competition. 'Shunde told reporters.
It is worth noting that the aforementioned article mentioned Hisense and Sharp, Gree and Oaks are competitors in the industry where Sharp acquired by Foxconn, has been trying to expand its global market share, North America as the world's three major color TV Market, one of the "military strategists." And Hisense in recent years, the obvious expansion of globalization, with its previously acquired Sharp brand apparently help it compete for the North American market.In addition, this year, Sharp Domestic price war was launched, grabbed a domestic market share of color TV manufacturers.
Similarly, Oaks as a rising star, its online retail sales have approached Gree and the United States ranked third, while in 2017, Gree has also initiated a patent litigation with the United States each other.
In the industry view, the appliance business launched the patent war is also the appliance industry so far the direction of the transfer of competition. 'Appliance industry in the early stages of development, we are all rough-style business, this strategy is characterized by price war, marketing warfare, channel warfare , Nowadays the development of home appliance industry is mature and saturated. With the upgrading of consumption, home appliance enterprises begin to pay attention to product value, premium ability, product innovation and technology research and development, and the competition level has also risen to technical war, patent battle and product war.
As a leader in the home appliance industry, Haier's achievements in the field of intellectual property is even more commendable .In November 19, 2017, the State Intellectual Property Office released the results of the 19th China Patent Award, of which Haier with 'Linear Compressor Technology 'Won the home appliance industry's only' patent gold 'at the same time, Haier also won two gold medal design patents, five patents Excellence Award, the total number of awards up to 8. And all behind this is Haier global resource integration, overseas Patents, international standards, national science and technology demonstration of the four major levels of achievements played an important role.
Hong Shibin also believes that the fight for the patent war of household appliances enterprises has entered the stage of further development, to some extent, the patent is the lifeblood of enterprises in foreign countries, the use of patent war to encircle the rival has been very mature, patent protection, handed over Patent fees are very high, and China is still enlightenment stage, I believe the future protection of R & D results will be more and more strength, business competition towards a higher level is also more conducive to the development of the industry.