TD Patent long free survival Lei Feng had negotiated with Qualcomm refused

Some time ago, the National Development and Reform Commission to investigate the United States Qualcomm suspected patent monopoly of the uproar, Qualcomm relies on patent licensing this invisible hand long-term clamp Chinese mobile phone companies to the truth surfaced. People familiar with the matter said that on the one hand Qualcomm does not agree to reduce the cost of CDMA patents, on the other hand insist on separate negotiations with specific enterprises, licensing separately, rather than with the TD Alliance for Collective Bargaining, TD-SCDMA patent did not get a reasonable return, long-term in the free use of the situation. Qualcomm patent fees accounted for the majority of mobile phone manufacturers gross margin according to the industry, a mobile phone's gross profit margin is only 10%, in the fierce market competition many manufacturers to produce a mobile phone's gross profit margin or even only 6%, however, 5% of the profits were levied by Qualcomm. The high and unequal licensing fees levied on Chinese companies have been brought to the attention of the national government. However, in the name of high Qualcomm for foreign enterprises to protect intellectual property rights to China's domestic enterprises to levy a large amount of patent licensing fees, the domestic enterprises of China's independent research and development of intellectual property rights has been many domestic and foreign manufacturers in the absence of authorization for long-term free use, which with TD-SCDMA, LTE and other mobile communication technologies are particularly prominent. TD-SCDMA has long been free to be known, TD-SCDMA is China's own intellectual property rights, is widely accepted and recognized by the international standards of wireless communications, is the 3G standard, and the establishment of TD-SCDMA Standard is also an important milestone in the history of Chinese telecom. Datang Group, as a leader in the development of TD-SCDMA standards, since June 1998 to the ITU submission began, and constantly promote the TD-SCDMA industry forward development, with a large number of industry operators, equipment manufacturers to create a complete TD-SCDMA industry chain. Although Datang Telecom has sufficient intellectual property advantages in the TD-SCDMA standard, it has not formed Monopoly dominance in CDMA field like Qualcomm, taking into account the survival problem of downstream enterprises in the industrial chain, and preventing foreign patentee from launching an attack. Therefore, the TD-SCDMA standard patent license has not been industrialized, resulting in long-term acquiescence including the exhibition, MTK, Marvell and other chip manufacturers and the end of the industrial chain of free use of the situation, and Datang has never been a TD technology patents of the additional priority rights, not to mention sitting in a similar to Qualcomm's patented gold With the maturity of TD-SCDMA standards and the gradual improvement of network construction, the use of TD-SCDMA mobile phone terminal products in the market is widely welcomed. According to statistics, the number of TD-SCDMA users has now exceeded 200 million, the number of users accounted for the total number of 3G users in the country nearly 50%. TD-SCDMA Terminal sales volume of the majority of the market share of mobile phone manufacturers such as Samsung to make pots are full, and they are based on the Datang free patent technology chip Platform scheme, the main product profits into these mobile phone manufacturers purse, in other words, Datang-oriented enterprise investmentA large number of human, material and financial resources to establish technical standards, it seems that is in the wedding for others, the patent did not allow Chinese enterprises to profit or to play the role of checks and balances competitors, abruptly been a live Lei Feng for many years, set a saying, this makes people very silent. When the patent two-way loss situation changed 2g/3g ERA, China's terminal manufacturers in any case involving the use of CDMA technology to Qualcomm to pay high royalties, and foreign companies in the use of TD-SCDMA technology patent is completely free, this situation has been a long time. As early as the 2G era, according to relevant data shows that in the 2G mobile communications market, because there is no core technology patents, Chinese equipment and mobile terminal manufacturing enterprises to pay foreign royalties to the proportion of sales revenue as high as 10~15%. Domestic equipment and mobile terminal enterprises not only endure the patent monopoly of foreign manufacturers for a long time, but also because of the lock-in effect, Chinese enterprises that have adopted certain technical standards have to succumb to the price of the other party in the patent negotiations afterwards. In the early 3G commercial, in order to promote the development of TD industry, the TD Industry alliance with Qualcomm on the issue of patent negotiations, but on the one hand, Qualcomm does not agree to reduce the cost of CDMA patents, on the other hand insist on separate negotiations with specific enterprises, respectively licensing, rather than with the TD Alliance for Collective The final negotiations failed to succeed. Qualcomm has always been penny-pinching and inch in the issue of patent licensing, as early as 1997 and 1998, for CDMA technology patents and Ericsson and Nokia respectively for long-term patent litigation and litigation. TD-SCDMA Technology is one of the three 3G standards recognized by the International Telecommunication Union, and it is the result of long-term research and efforts of China communication enterprises, including Datang Telecom, and is an advanced technology with independent intellectual property rights. However, on the one hand, we devote a lot of resources and energy to foster the development of TD-SCDMA industry chain, on the one hand, and the international patent giant and overseas mobile phone giants to form effective negotiations results, the TD-SCDMA patent has not been a reasonable return, long-term free use of the situation. Such a two-way disadvantage is distressing, but also to ask: when the status of the application of the unequal patent can change? TD Patent live Lei Feng how long to do? Into the 4G era, whether we still continue to do for others to do wedding clothes? The TD patent question is worth pondering, but also needs the government related department and the TD Alliance Enterprise's attention.