China Electronics News: actively responding to the 337 survey of domestic LED industry in urgent need of patent strategy

March 2008, the United States International Trade Commission (ITC) on light-emitting diode (LED) launched a 337 survey". Due to the involvement of the 30 companies, including the 4 Chinese LED downstream enterprises, which led to the domestic industry and the media attention. April 16th, under the coordination of the national semiconductor lighting engineering research and development and industry alliances, there are two Chinese companies filed a lawsuit to the United States ITC.

Two companies actively respond

Reporter learned that, in the 4 companies being sued, the two companies -- Guangzhou hongliguang Electronic Co. Ltd. and Shenzhen ZHOULEI Electronic Co. Ltd filed a lawsuit, and the other two companies will choose to give up. China Electronics News reporter called the two respondent companies to understand their readiness to respond. Guangzhou Hongli general manager Li Guoping told reporters that they had signed an agreement in April 16th with a law firm in Beijing, began to ITC of the United States "337" survey. We are actively responding, we have confidence, will go all out. He said, if you do not respond, ITC will be implemented by the general exclusion order and injunction, so that China's exports of LED products suffered devastating blow. Moreover, the future of home appliances, mobile phones and other products used in the LED industry, exports will be hit, so we must respond. "

Shenzhen Lei Chau general manager Lin Mingfeng told reporters that they and Guangzhou Hongli a start responding: "in the process of responding to, we encountered two major problems. First, a lot of peer to the United States'337 'survey is not very understanding, that this is just a matter of business, and mislead customers to buy LED products, as long as they do not buy the products involved in the enterprise can be. In fact, ''337' investigation is involved in the entire LED industry in China, once the companies involved in the case does not respond or lose, will endanger the entire industry exports. In this case, the industry needs to unite. And the other problem is that the cost of responding to the need for a few million dollars, which is a huge expense for the respondent companies, therefore, I hope the whole industry companies can give us support in the capital. "

In the "337 investigation" in the course of the respondent, the national semiconductor lighting engineering research and development and industrial alliances in the process of coordinating the organization played a crucial role. The reporter was informed that the union actively to the relevant national and local government information, government attention and support; communicate with other industry associations, to understand and learn from the successful experience of the organization; and the communication between the enterprises responding to lawyers, litigation and litigation strategy to determine the scheme. National semiconductor lighting project director of R & D and Industry Alliance of "Geng Bo China electronic newspaper" reporter said, they are actively coordinate and organize enterprises to actively respond, to non infringement, strive for the best interests of the whole industry.

It is reported that China's enterprises will be around in April 20th formally submitted to the ITC to reason; at the beginning of May, ITC will be the first hearing, and determine the entire trial time. January next year, the court announced the first cut, the final verdict will be held in March next year.

"337" investigation than the impact of anti-dumping

Compared with the "337 investigation", in recent years, the domestic industry anti-dumping investigation on the more familiar, because in recent years, China suffered from anti-dumping investigations in the United States and the European Union and other countries in the textile, electrical appliances, metal and other industries. But the reporter was informed that the 337 investigation is actually greater than the impact of anti-dumping investigations.

Shanghai Rui Rui law firm Xing Road lawyer to the China Electronics News reporter, said, 337 investigation of the proceedings faster than the anti-dumping investigation. In the United States, anti-dumping cases to go through the United States federal court, the defendant is not satisfied with the ruling, you can appeal to the U.S. Federal court. It will take at least two years for an anti-dumping case to decide. The "337" survey was initiated by the United States International Trade Commission, to adopt a "final trial" procedures, no appeal process, generally as long as a year, and after the ruling can directly import restrictions and customs measures.

In addition, anti-dumping is aimed at a certain industry products, and the "337 investigation" involves a larger. For the components of the product, once the 337 investigation ruled infringement, the use of their whole system will be affected, not to export to the United states. The investigation was carried out in LED products, is widely used in mobile phones, home appliances, lamps and other products, the impact of the future, can not be estimated. Therefore, the "337 investigation" is not only fast, but also great impact. In this regard, a domestic LED chip business stakeholders to the China Electronics News reporter, said that if the anti-dumping compared to conventional weapons, then the 337 investigation is more like weapons of mass destruction. In addition, industry sources said, "the main way 337 survey is first in China with strong competitiveness of export products or smaller companies filed application for investigation, and then use the injunction to limit all business related industries China's exports to the u.s.. Therefore, the "337 investigation" does not mean that the patent, and in protecting their market share.

According to relevant statistics, China is a major producer of LED related products. In 2007, China's semiconductor lighting downstream related products output value of nearly 30 billion yuan; in 2007 LED exports to the United States involved in LED products of about $350 million, an increase of 53.9%, involving China's LED exports to the u.s..

Organized patent work is urgent

According to the national semiconductor lighting engineering research and development and Industry Alliance patent pool team leader, Chinese Academy of Sciences Institute of Semiconductors