Recently, a Chinese company sued foreign companies for a wide range of media concerns. According to reports, Shenzhen Liyang Electronics Co. Ltd. recently announced that Michael? Michael o'shaughnessy has been put on the dock on the grounds that he has infringed on Liyang's patents for inventions in the United States and China and has harmed Liyang's reputation and interests in the United States. This is a typical case for Chinese enterprises to protect their rights overseas. Therefore, the whole business community is also very concerned about the process because it will bring reference and reference value to Chinese enterprises to protect their rights overseas.
Michael? Who else is AO xiaoneixi?
The vast majority of media will be Michael? Ossoneisi is linked to pons' scam because, according to Reuters, the notorious "Top Ten financial scandal in the United States" in 2009, Tom? The splites fraud case ranks among the largest. According to comprehensive media reports, Tom? Peter was sentenced to 50 years in prison, while all other associates were in jail, while Michael, the actual controller of the fraud company? O'shornesi, however, has been at large because American courts are currently unable to grasp the evidence of fraud.
Such a malformed figure also stretched its tentacles to Chinese enterprises. According to information provided by Li Xiaofeng, the chairman of Liyang, Michael? Orxiao Nesi used its controlled company candella/Luminara to entrust the company to Guangdong Tongfang lighting Co., Ltd. for production after obtaining the invention patent of "electronic Candle" in Liyang for cooperation, at the same time of profiteering, Li Yang's attempt to steal its intellectual property rights not only brings great damage to the business reputation of Li Yang in the United States, but also causes immeasurable economic losses to it, in this context, Liyang is forced to take legal weapons to safeguard legitimate rights and interests.
How should the intellectual property rights of SMEs be protected?
In fact, the case encountered by Liyang also reflects the difficulties faced by domestic SMEs in intellectual property protection. This year, Shenzhen is used as an example ~ In July June, there were 36560 patent applications in Shenzhen, of which 13830 were applied for invention patents. With the advent of a large number of patents, how to protect them has become a major challenge.
According to the investigation, most enterprises have blind spots in law regarding the protection of Customs intellectual property rights, so that they do not know how to protect their rights through the Chinese Customs after the export of goods is investigated by foreign customs. Although some enterprises know that Customs filing is helpful for their intellectual property rights not to be infringed, they think that too few are not worthy of filing. According to a survey conducted by the customs on the protection of intellectual property rights of 177 enterprises in Shenzhen, 68.3% of enterprises indicated that they do not know how to apply for the protection of intellectual property rights when the intellectual property rights of enterprises in the import and export process are infringed. In addition, only 5.6% of enterprises said that their proprietary intellectual property rights have been filed with the General Administration of Customs.
Poor protection of intellectual property rights is one of the reasons why many enterprises give up their rights protection. On the other hand, because the vast majority of Chinese enterprises have the mentality of "turning things into things and things into things", they have basically chosen to settle overseas rights protection issues. Such a solution is undoubtedly equivalent to putting their own market to others. Therefore, the spirit of Li Yang's ability to actively defend against legal weapons is commendable.
All sectors of the community have made suggestions on overseas rights protection for small and medium-sized enterprises. Some experts believe that enterprises can establish patent operation companies together. This is a way to prevent problems, that is, enterprises invite patent agents to intervene in the product R & D stage, submit patent applications in a timely manner after a preliminary plan is developed and provided to the customer, and, at an appropriate time, consider extending the patent applications to target markets such as the United States and Europe.
Some lawyers believe that, in the event of infringement of legitimate rights and interests, small and medium-sized enterprises can use the "337 investigation" of the United States to protect their rights, and 337 of the respondents are imported products infringing the intellectual property rights of the United States, and other unfair competition in the import trade, which is also very suitable for Foreign Enterprises in the United States. In addition, 337 of the investigation procedures are faster than those passed through the litigation procedures, generally ranging from 12 ~ The end of the 18-month period minimizes the loss of the enterprise.
According to Li Xiaofeng, the reason why Liyang firmly chooses to take up legal weapons is to say that Chinese enterprises "going out" are themselves. I believe that after this, Chinese enterprises will experience similar situations for reference. This is the important significance of reyang's rights protection. (Text/Wang yijian QQ: 543415188)
Li Yang sued foreign enterprises, and foreign SMEs are never soft enough to protect their rights overseas
