How to maintain intellectual property in the lighting industry, the experience of the US and Effie
Release date: 2018-03-06 Source: "Straits Rule of Law Online" sharing: 
Protecting intellectual property rights is to protect innovation.
The report of the 19th National Congress of the Communist Party of China put forward: advocating the establishment of a different civilization and strengthening the invention, protection and application of intellectual property rights. This has pointed out the direction for the construction of a new era of intellectual property power. China has also paid more and more attention to the protection of intellectual property rights, and has continuously introduced relevant policies and programs to protect the protection of intellectual property rights.
In 2017, the total number of patent administrative decrees handled was 67,000, an increase of 36.3% over the same period last year. In the meantime, the patented Jiaoge handled 28,000 cases (including 27,000 patent infringement cases), an increase of 35.0% year-on-year; 38,000 cases of counterfeit patents were investigated, an increase of 37.2% year-on-year.
Intellectual property protection is a booster that ignites the vitality of the main business of the mall, and it is also a “ballast stone†that portrays the outstanding business environment. The state's strategic planning for the invention and protection of intellectual property rights will promote the advancement of the professional intellectual property protection of lighting fixtures in China. It is a great good news for the development of lighting and lighting professions in China!
As we all know, the lighting profession is more and more inclined to the art planning profession, but also more simply imitated and plagiarized, which greatly damages those outstanding entrepreneurs, and also plays a depressing role in the lighting profession. However, for a long time, the lighting profession has different degrees of attention on intellectual property rights. Intellectual property rights holders have a weak understanding of the protection, lack of understanding, and no rights protection, which makes the negative impact of the formation of intellectual property rights and economic losses. Therefore, the lighting companies themselves must establish and strengthen the protection of intellectual property rights, and must protect the protection methods in every aspect of the company's production and management, and improve the motivation of professional innovation.
In November 2017, the famous American lamp brand Meishi·Effett posted a notice on its Volkswagen. The company received a number of judgments issued by the Guangzhou Intellectual Property Court to determine the Green Leopard lighting invading the US-Effie Paris crown series. Intellectual property rights, requiring Green Leopard to make compensation and immediately stop selling related products and destroying inventory products, this is the fourth patent victory of Everett Lighting for Green Leopard Lighting in one year. When the notice came out, it immediately poked the professional pain points of the lighting, and obtained the professional competition, which also made the protection of the lighting professional original planning become the focus of speech.
It is understood that Meishi·Effett has always done a good job in the protection of intellectual property rights, and it has also achieved gratifying results. In order to further understand the experience of the US-based Effie patents and improve the awareness and talents of lighting professional protection intellectual property rights, we conducted an in-depth interview with Mr. Su Xiaogang, the legal director of Meishi Effie.
Mr. Su showed that intellectual property protection is highly concerned with enterprises generally in industrial production and software occupations, and lighting companies have always been not focused on this piece, and even have an attitude of dispensability. However, the negative impact of the formation of intellectual property companies and the loss of the economy are very large. Regardless of the loss of the infringement to the powers, it is still the sanction of the judgment on the infringer, and both parties will be lost due to the intellectual property case.
From the beginning of 2014, Mehlet Effett paid attention to patent rights protection, and it was not just a statement, but a lot of homework. Up to now, Meishi Effie has successfully handled more than 80 patents, especially in 2017, handling more than 50 infringement cases and 29 formal representations, all winning. The acquisition of these achievements is the result of the continuous standardization of the work of the US-based Effie rights. To sum up, the experience of the protection of the intellectual property protection of the company has the following three aspects:
I. Strengthening and implementing the patent Great Wall and avoiding the danger of intellectual property laws
First of all, it is necessary to establish a “patent awareness of the appearance planâ€.
Judging from the current status of domestic laws and regulations and the practice of judicial precedents, whether the lighting is attributed to copyright protection still needs to be judged by the judges in the case, and the lighting as a design patent is determined to be protected by the patent law, but most The lighting products planned by the company have strong timeliness and high similarity in style. Therefore, the success rate of lighting companies requesting appearance patents is relatively low, but enterprises should establish the "appearance planning patent".
Second, the full range of patents is requested.
When some lighting companies request patents, in order to save money or other reasons, a series only selects one or two representative products to request patents, resulting in incomplete patent protection, which gives some unscrupulous enterprises a standby operation, in patent litigation. Often it will be at a disadvantage. At the beginning of the US, Effett also encountered this kind of problem. Later, when requesting patents, the full range of product patents covered up and made the patent Great Wall. At present, the company has more than 600 patents, which is the center of intellectual property protection. foundation.
In the end, do not expose patented products early.
Lighting products are primarily requesting appearance patents, and the basis of the appearance patent request is that it cannot be exposed early. If the product is first released and then the patent is requested, the patent certificate is likely to become waste paper immediately.
The current rules of Article 40 of the Patent Law, the utility model and the patent right for the appearance plan shall be effective as of the date of the notice. Therefore, the date of validity of the appearance planning patent is protected from the date of the notice on the date of the notice.
Regarding lighting products that fail to request patents in advance and lead to early exposure, copyright protection can be sought, and the remedy is to request copyright registration for lighting planning. Although the copyright protection of lighting has always been controversial, it is beneficial to carry out copyright registration. The first is to exhaust the prevention and protection methods, regardless of whether the copyright registration authority accepts the registration, the request has passed without regrets; the second is to clear the power subject, if the registration is successful after being infringed, the power owner will not have to worry about proving that he is The copyright owner; the third is the time when the court checks whether there is copyright. The copyright registration has been made to undoubtedly make the judges prefer to have copyright.
Second, actively adopt confidentiality measures to protect trade secrets
Confidentiality is a long-term, arduous and comprehensive operation. Without stunts, it can only be a full-scale defense layout. It cannot be mechanically hoped that two strokes will be effective.
Enterprises should first have a trade secret protection awareness. They must establish a multi-level protection method, including the number of people who control the grasp of the business secrets of the center; those who handle the business secrets in a layered manner; and sign a confidentiality agreement with all those who may touch the trade secrets. And according to the needs of the enterprise, as far as possible, confidentiality requirements; signing a non-competition agreement with all persons who may touch the trade secret, and granting economic compensation within the period of non-competition after the contract is waived or stopped.
In addition to advocating and perfecting the relevant enterprise handling system, the confidentiality methods at the skill level, such as: the USB interface monitoring and external network connection monitoring of the confidential operating personnel computer, in the production stage before the lighting is listed, stop the personnel unrelated to the workshop. Outsiders enter the production workshop; strictly control the number of products to avoid outflows.
Third, establish a full-time legal department or anti-counterfeiting part, the system professional protection of intellectual property rights
First of all, focus on intellectual property protection operations and establish a full-time part.
The protection of intellectual property rights is a professional operation. The need to establish professional or special personnel, but not by others, can also represent a company's attitude toward intellectual property protection. Regarding lighting companies, product planning is the competitive force, the fundamental lifeline for enterprises to survive, the development of part of the labor effect, and the demand for legal part to defend.
Secondly, it is necessary to adhere to the sensitivity of the mall in time and establish a feedback channel for infringement information.
The corporate legal department or full-time anti-counterfeiting and other parts should be sensitive to the time of the store, and establish a useful feedback channel to monitor the intentions of the competition opponents and the intention of the mall at any time, and timely discover the products that invade their own power and use unreasonable methods and competition. Enterprises should conduct calculations and analysis in a timely manner, find guidelines, and adopt different methods and strategies to influence them according to specific situations.
In the end, we will organize professional legal organizations to establish a sound intellectual property protection process.
Because intellectual property cases often involve many professional skills problems, and the needs of those who have the ability to meet the requirements of intellectual property majors, the patent rights can be handled correctly and efficiently. In this regard, lighting companies must be willing to invest, and cooperation with professional legal organizations, is the solution for a long time. Meishi·Effett is more determined in this regard, and we are eager to hire the well-known law firms to handle the patents. We will organize the standard processes and further promote the smooth implementation of the intellectual property protection strategy. Processing is efficient and orderly.
After the interview, Mr. Su showed that: Meishi Effiet believes that after respecting and protecting each other's intellectual property rights, the research and development investment will be rewarded, and it will promote professional innovation, and then promote the continued development of lighting occupational health. Following the continued consolidation and improvement of China's intellectual property judicial protection environment, the professional environment will become better and better, and more lighting companies are expected to pay attention to protecting intellectual property rights and courage to protect intellectual property rights.
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