How dare you fight against NSN to acquire Motorola Huawei?

It times Yu Xinfei guest Wuhanhong: Professor of Economics at Renmin University of China, director of the Center for Industrial Economics and Competition policy, Renmin University of China Liang: Telecom analyst Yunting: Lawyer of Shanghai Big Bang Law Firm, intellectual property law expert "Postpone approval 60 days!" "March 9, a paper decision by the Commerce Department killed the dream of NSN, the Nokia Siemens Network company, to acquire Motorola's wireless business as scheduled. Behind the NSN, Huawei may have breathed a sigh of relief.　　It is their efforts and insistence that the protection of technology patents firmly in their hands. The cause also dates back to July 19 last year, when NSN company spent 1.2 billion dollars to buy Motorola's wireless business unit, which was due to complete the deal by the end of 2010. With Motorola mastering some of Huawei's core secrets, the takeover could lead to a secret leak. As a result, Huawei has struggled to raise charges against the U.S. Illinois State North District Court earlier this year.　　February 22, the court made a preliminary ruling to prohibit Motorola to disclose Huawei's confidential information to NSN, and asked Motorola to hire an independent third party to carry out the security of Huawei Confidential information removal inspection, allowing Huawei to NSN maintain Motorola equipment service records audit. The verdict has more or less affected the attitude of the Chinese government. Countries to achieve a certain scale of foreign mergers and acquisitions, the general law should be implemented "concentration of business operators review." With the release of the remaining 8 countries and territories, only the Chinese Ministry of Commerce has given the merger a "red light". Experts say this is not only an important victory for Chinese companies to protect intellectual property rights internationally, but also the Chinese government's use of antitrust laws to give the international it giants a head-on strike. For this acquisition, NSN has consumed a lot of human and financial resources, and over time, Motorola's wireless business unit's value is bound to be discounted, the longer the delay depreciation will be more severe.　　The ultimate benefit of the entire merger will also be affected.　　Is there any basis for the Ministry of Commerce's "light"? Does the ministry's decision to "defer approval" make a factor in safeguarding the interests of Chinese companies?　　Is it justified to apply the Antimonopoly law? Wuhanhong: This resolution is completely compliant. The Commerce Department may have to verify Huawei's decision in the US. NSN's previous merger declaration did not indicate that the deal involved Huawei's intellectual property rights, so the merger declaration information is not comprehensive. For the Ministry of Commerce, there are grounds for further trial by extension.　　As for the Huawei Business is not the Ministry of Commerce to examine the factors, at least from the public information, there is no correlation. Yunting: NSN If the completion of this acquisition, the strength will be greatly enhanced, not conducive to market competition, the domestic market will also form a huge impact. I think the Ministry of Commerce's decision, more or less take into account the interests of domestic related industries. Huawei and NSN are rivals, and the Ministry of Commerce will not be excluded from the point of protecting domestic industry. Delaying approval, of course, doesn't mean it's premature, NSN and MotoLaura Company can also take the road of legal litigation, by virtue of administrative law to the lawsuit. Huawei let the European and American media "inconceivable" Huawei companies to defend their rights and interests by legal means, won the lawsuit in the United States, delayed the NSN merger process, in the entire incident occupied the initiative. This incident in Europe and the United States caused a sensation, the European and American Vue Media has exclaimed "incredible".　　In recent years, Chinese enterprises have repeatedly violated intellectual property rights abroad, what magic weapon did Huawei win a respect? Liang: Huawei put research and development innovation in an important position, it has its own core technology, there is a patent. Huawei is now the world's second-largest telecoms equipment supplier, and Huawei's achievements in market and industry technology have already made Motorola's Xiang hard to look. Motorola has been on the decline for nearly a decade and has made few achievements in Internet technology and intellectual property. In the wireless field of the main product and technology trends in the grasp, and mainstream suppliers, the gap is more and more large, has basically withdrawn from the industry's first echelon. So Motorola has transformed its marketing strategy to resell its wireless network products to its customers with its own brands. In technology, Huawei has a strong dependence.　　So Huawei has a strong voice. Yunting: Huawei has done a lot of work in protecting intellectual property. When it develops a technology, it will apply for a patent simultaneously at home and internationally.　　Therefore, when encountering their own intellectual property infringement, often use international conventions to protect rights and interests. At present, the development of domestic intellectual property is not enough to support the development of innovative enterprises, due to the cumbersome procedures, compensation for low, enterprises even win the lawsuit, remove the cost of protection and hidden costs, but suffer. Like Huawei this time, simply ran abroad to defend rights.　　In foreign countries, do not talk about relations, human feelings, whether the United States or other countries, as long as the legal system to improve the country, should act according to the law, regardless of the size of the company is the same treatment. Patent is the core competitive power of enterprises in the future Huawei won a lawsuit, but things are far from over.　　In the face of the international it giant predators, Chinese enterprises must have their own core competitiveness if they want to gain considerable development. Liang: Patent This intangible asset, will play an important role in the future competition. Talent, funds can be global mobilization, can be complementary.　　But patents are core competencies. Today's IT market, it is difficult to have a company with all the technology of a product, most of them form a intertwined situation, mutual constraints and development. And we have more enterprises, but also processing, OEM as their core business, the initiative is not in our hands, there is no way to compete with others.　　Only our technical research and development ability to reach a certain level, the formation of "You have me, I have you" situation, can take the initiative to increase the likelihood of winning the competition. If the enterprise encounters someone tort, must boldly stand out, use the weapon of the law to fight "patent war". Win the lawsuit, not only can establish the authority of the enterprise, safeguard the enterprise's rights and interests, and in the whole lawsuit, safeguard the process, the company can also to the local government, the court and the public propaganda。 Although it is very cumbersome, but also have a lot of difficulties, but must adhere to the forward, if successful, will let your competitors take notice in the future negotiations will be respected, if the future development of enterprises will be more difficult.