Millet India Encounter litigation patent or become international "grindstone"

Absrtact: Start internationalization soon Millet was sued in India. Recently, Indian media reported that Ericsson in India sued Millet patent infringement, and put forward the injunction before the settlement of the patent dispute, Millet should not be sold in India related products. For the matter


started internationalization soon Millet was sued in India.





recently, Indian media reported that Ericsson in India sued Millet patent infringement, and put forward the injunction before the settlement of the patent dispute, Millet can not sell related products in India. In response to the incident, Millet said: "The company has not received the official notice of the Delhi High Court, our legal team is currently evaluating this." ”





December 11, Ericsson in an interview with the incident gave a positive response: "Over the past 3 years, we have been trying to work with the Millet company on licensing of patents to engage in dialogue." However, Millet always refuses to respond in any way. Ericsson can only take legal action against this. "It is unfair that the company has benefited from our huge research and development effort and has refused to pay a reasonable licence fee for our technology," Ericsson said. At present, Ericsson has invested more than 5 billion dollars in research and development each year, and has obtained 35000 patents.





, Mr. Weilizhou of intellectual property research at the Mark Planck Institute for Intellectual Property and competition law in Munich, Germany, said: "According to a previous ruling by the Indian courts on the interim injunction between Ericsson and a local Indian handset maker Micromax, The court granted the Ericsson injunction even if the handset maker offered to deposit the licence fee with a third party in the event of a failure to agree on a licence fee. In this dispute, if Millet did not respond to Ericsson's request for licensing fees, the sale of infringing mobile phones in India, the ban is also understandable. ”





in the printing patent dispute to increase





Millet is not the first domestic handset manufacturer to be sued in India.




In 2011,
, a mobile phone manufacturer in Shenzhen, was sued by Nokia in India. Before Millet, Ericsson sued Kim's mobile phone in India as well as Micromax, India's biggest local handset maker.





"India is now the world's second largest mobile phone market, after China, is a key market for Chinese handset makers. "China Mobile phone manufacturers ' high cost performance also fits India's market demand," Yanhui, secretary general of the Mobile China Alliance, told reporters. ”




Data from IDC, the
Research Institute, released in August showed strong growth in the smartphone market in India and a 84% per cent increase in smartphone shipments in India in the second quarter of 2014, up from 18.42 million. The strong market attracts Huawei, Gionee, Millet and oppo as an international foothold.





Jin Li entered India for more than 1 years. As of August this year, Gionee's market share in India was 3% and growing at a high rate. "Our long-term conservative goal in the Indian market is to grow 5 times times, and 7 times times the environment is not a problem," Gionee said in response to reporters. "Millet was set up in India this July, and as of October millet sales have exceeded 500,000."





but for the lack of patent reserves of domestic handset manufacturers, India is not known as "environmentally good." This November, the Ministry of Industry and Telecommunications Institute of Intellectual Property Center issued the "Smart Terminal India market intellectual property (patent) Risk Warning Report" pointed out: India's market intelligence terminals patent disputes are on the rise.





Weilizhou told reporters: "India to the necessary patent owners very strict protection, as long as the necessary patent to the ban, the likelihood of success is great." ”





how to deal with patent litigation?





2013, the global intelligent terminal Patent lawsuit case more than 2000, accounting for the global total patent litigation case ratio of 33%. "Patent issues, not just in India. "Yanhui told reporters:" The international market patent litigation is too common, to deal with patent litigation is domestic mobile phone internationalization must have the ability, but also now must consider the subject. ”





"as the representative of Millet local manufacturers, retreat is not the best solution." Yanhui said Millet should first "actively respond to the mobile phone ban to make representations, and actively negotiate with Ericsson, first to solve the problem of mobile phone ban." In addition, "Last year, India's mobile phone manufacturers Micromax to the Indian government to complain about each of Ericsson's mobile phone charge 1% of the patent fee is too high, millet can also to the national authorities to protect their legitimate rights and interests."





"If you can solve these patent disputes step-by-step, even if you pay some patent fees, costs rise, but with China's perfect industrial chain support, the price of the mainland mobile phone still exists." Yanhui believes that today's patent lawsuits may be the Chinese mobile phone manufacturers to enter the international market sharpening stone.





Lei has long been aware of the issue of patents and has begun to lay out 3 years ago. August 2012, by Jinshan CEO Zhanghongjiang, as well as the original American Honestar invention Gao Hing Linpeng established Beijing Wisdom Muroto Technical Service Co., Ltd. (hereinafter referred to as "Wisdom Valley"), Millet also participate in investment. Honestar invention is a world-renowned intellectual property management company, and Zhi's positioning is to do China's honestar inventions, to nurture China's intellectual property market.




"We are setting up a patent operation platform: buying a patent, and buying a batch of very valuable, core patents, and providing cross authorization to domestic manufacturers," Ge Yu,
's director of Intellectual valley propaganda, told reporters. Ge Yu said that if domestic manufacturers have some of the core patents of the cross licensing, will reduce the number of unnecessary patent problems. "However, it may take some time for domestic manufacturers to realize the need for our work," he said. At present they have no patent budget. ”





in order to support its patent layout, April 2014, Millet United Zhongguancun, Beijing District government, Jinshan, Tcl and other social capital set up China's first patent operating fund-CHI patent operating fund. The fund is run by Zhi. At present, the fund is expected to finance a scale of 200 million yuan.





In addition, Zhi also formed a high-end research team, "are all from the world's top technology companies, researchers, they combine the current industry trends in the mobile internet, cloud computing, IoT and other areas of technological innovation, the provision of high-quality inventions and technical results, the timely transformation into intellectual property protection, Also provide a patent reserve for the future. Ge Yu said.