Since the beginning of this year, domestic disputes over patents for LED lighting have continued.
Recently, some insiders broke the news that Zhejiang Hehui Lighting Technology Co., Ltd. (hereinafter referred to as “Huihui Lightingâ€) was sued by patent owners for failing to fulfill the obligation to purchase LED-related patents. According to the reporter's understanding, Hehui Lighting is a LED manufacturing enterprise focusing on landscape lighting engineering and indoor lighting. It was once rated as “LED Excellent Enterprise in China Lighting and Lighting Industry†and “Top 100 Enterprises in China LED Industry†by a lighting company.
However, it is such a "famous" company that has shown its patents.
On July 17, 2012, Taiwanese independent Fu Liming entrusted Nanjing Zongheng Intellectual Property Agency Co., Ltd. to file a lawsuit against Hehui Lighting to fulfill its obligation to pay royalties.
According to relevant sources, on March 23, 2009, Fu Liming authorized Zhejiang Hehui Lighting Technology Co., Ltd. to exclusively use the patented “gas-tight high-heat-conducting chip package†in the country for a period of six years. According to the contract, from the date of signing, Hehui Lighting will pay Fu Liming 1.5 million yuan for the exclusive use of the patent license fee for He Hui Lighting throughout the country, and the annual usage fee will be negotiated by the two parties according to the annual benefits. Negotiated.
However, the defendant and Hui Lighting have not fulfilled the obligation to pay the usage fee in accordance with the contract. The reporter contacted Fu Liming to understand the relevant situation. Fu Liming expressed quite helplessness to He Hui Lighting's move: "The original transfer of the patent was based on the cooperation between the two parties in terms of product structure, and the other party required a series of patented technologies to apply in the Mainland. High-tech enterprises. For a long time in the past, I did not require Huihui Lighting to pay the full cost. I have been negotiating with the actual controller of Hehui Lighting to pay for part of the patent license fee. The other party has refused to pay for various reasons... "Fu Liming said to the reporter of "High-tech LED".
Once you become a high-tech enterprise, you can enjoy the national preferential policies, not only can apply for various science and technology funds, but also get preferential tax breaks. At the same time, obtaining high-tech enterprises has become a necessary condition for enterprises to go public. According to informed sources, Hehui Lighting has been preparing for listing for many years, because in order to enjoy the treatment of foreign-funded enterprises eight years ago, Sun Jian, Fu Liming and another Chinese surnamed shareholder of Hehui Lighting operated the return investment in the name of foreign investment. Domestic enterprises or individuals transfer their monetary capital or equity to overseas, and then invest in foreign-invested enterprises as foreign-invested enterprises to enjoy the tax treatment of foreign-funded enterprises. However, the state promulgated Document No. 57 on the adoption of overseas special-purpose companies by domestic residents. Notice on Issues Related to Foreign Exchange Management of Financing and Return Investment, requiring verification of relevant information of domestic residents. I don't know why, and Huihui Lighting did not handle it, causing a serious injury to the listing and having to delay it.
Hewen Law Firm Gu Wen told reporters that if the title of high-tech enterprise of Hehui Lighting is obtained by purchasing the patented technology, the title of Hehui High-tech Enterprise will be cancelled, and Hehui Lighting will have no hope of listing.
In fact, the case of He Hui Lighting is only the tip of the iceberg of the domestic LED industry patent chaos. Although the purchase of patents can quickly obtain economic benefits and improve corporate image, there are still many risks for both parties.
According to lawyer Gu Wen, many energy-saving service projects and policy subsidies in the country have qualification requirements for enterprises, and the number of patents is an important manifestation of qualifications.
Therefore, obtaining patents has become an inevitable move for many LED companies to improve their corporate image and to enter the threshold of high-tech enterprises. “The patents of many small and medium-sized enterprises in China are not their own. In fact, they do not have to apply.†Yang Guoqing, general manager of Sichuan Xuanfei Feisheng Shenzhen Operations, said that most SMEs prefer to rely on and rent by relying on their own painstaking research and development. , purchase, etc. to obtain relevant patents.
"In the domestic industrial environment, enterprises do not pay attention to LED patents, and there are often infringements." Dr. Liang Bingwen, a researcher at Suzhou Nano Research Institute, said that the purchase of patents is not common in the domestic LED industry, and few companies actively apply. Patents, and many companies own patents, mostly for formal needs.
Many patents in the domestic LED lighting industry belong to the face project, which is in stark contrast with the attitude of Taiwan LED companies focusing on R&D and technology. Liang Bingwen introduced that since Taiwan's LED industry is relatively mature and mostly based on overseas markets, the concept of attaching importance to patents has long been formed.
Recently, some insiders broke the news that Zhejiang Hehui Lighting Technology Co., Ltd. (hereinafter referred to as “Huihui Lightingâ€) was sued by patent owners for failing to fulfill the obligation to purchase LED-related patents. According to the reporter's understanding, Hehui Lighting is a LED manufacturing enterprise focusing on landscape lighting engineering and indoor lighting. It was once rated as “LED Excellent Enterprise in China Lighting and Lighting Industry†and “Top 100 Enterprises in China LED Industry†by a lighting company.
However, it is such a "famous" company that has shown its patents.
On July 17, 2012, Taiwanese independent Fu Liming entrusted Nanjing Zongheng Intellectual Property Agency Co., Ltd. to file a lawsuit against Hehui Lighting to fulfill its obligation to pay royalties.
According to relevant sources, on March 23, 2009, Fu Liming authorized Zhejiang Hehui Lighting Technology Co., Ltd. to exclusively use the patented “gas-tight high-heat-conducting chip package†in the country for a period of six years. According to the contract, from the date of signing, Hehui Lighting will pay Fu Liming 1.5 million yuan for the exclusive use of the patent license fee for He Hui Lighting throughout the country, and the annual usage fee will be negotiated by the two parties according to the annual benefits. Negotiated.
However, the defendant and Hui Lighting have not fulfilled the obligation to pay the usage fee in accordance with the contract. The reporter contacted Fu Liming to understand the relevant situation. Fu Liming expressed quite helplessness to He Hui Lighting's move: "The original transfer of the patent was based on the cooperation between the two parties in terms of product structure, and the other party required a series of patented technologies to apply in the Mainland. High-tech enterprises. For a long time in the past, I did not require Huihui Lighting to pay the full cost. I have been negotiating with the actual controller of Hehui Lighting to pay for part of the patent license fee. The other party has refused to pay for various reasons... "Fu Liming said to the reporter of "High-tech LED".
Once you become a high-tech enterprise, you can enjoy the national preferential policies, not only can apply for various science and technology funds, but also get preferential tax breaks. At the same time, obtaining high-tech enterprises has become a necessary condition for enterprises to go public. According to informed sources, Hehui Lighting has been preparing for listing for many years, because in order to enjoy the treatment of foreign-funded enterprises eight years ago, Sun Jian, Fu Liming and another Chinese surnamed shareholder of Hehui Lighting operated the return investment in the name of foreign investment. Domestic enterprises or individuals transfer their monetary capital or equity to overseas, and then invest in foreign-invested enterprises as foreign-invested enterprises to enjoy the tax treatment of foreign-funded enterprises. However, the state promulgated Document No. 57 on the adoption of overseas special-purpose companies by domestic residents. Notice on Issues Related to Foreign Exchange Management of Financing and Return Investment, requiring verification of relevant information of domestic residents. I don't know why, and Huihui Lighting did not handle it, causing a serious injury to the listing and having to delay it.
Hewen Law Firm Gu Wen told reporters that if the title of high-tech enterprise of Hehui Lighting is obtained by purchasing the patented technology, the title of Hehui High-tech Enterprise will be cancelled, and Hehui Lighting will have no hope of listing.
In fact, the case of He Hui Lighting is only the tip of the iceberg of the domestic LED industry patent chaos. Although the purchase of patents can quickly obtain economic benefits and improve corporate image, there are still many risks for both parties.
According to lawyer Gu Wen, many energy-saving service projects and policy subsidies in the country have qualification requirements for enterprises, and the number of patents is an important manifestation of qualifications.
Therefore, obtaining patents has become an inevitable move for many LED companies to improve their corporate image and to enter the threshold of high-tech enterprises. “The patents of many small and medium-sized enterprises in China are not their own. In fact, they do not have to apply.†Yang Guoqing, general manager of Sichuan Xuanfei Feisheng Shenzhen Operations, said that most SMEs prefer to rely on and rent by relying on their own painstaking research and development. , purchase, etc. to obtain relevant patents.
"In the domestic industrial environment, enterprises do not pay attention to LED patents, and there are often infringements." Dr. Liang Bingwen, a researcher at Suzhou Nano Research Institute, said that the purchase of patents is not common in the domestic LED industry, and few companies actively apply. Patents, and many companies own patents, mostly for formal needs.
Many patents in the domestic LED lighting industry belong to the face project, which is in stark contrast with the attitude of Taiwan LED companies focusing on R&D and technology. Liang Bingwen introduced that since Taiwan's LED industry is relatively mature and mostly based on overseas markets, the concept of attaching importance to patents has long been formed.
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