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How to break the siege?
Release date: September 20, 2019

With the rapid development of China's rubber tire industry, the number of patents, trademarks, trade secrets, copyrights and other intellectual property rights has increased, and the awareness of protecting the rights of enterprises has been improved. The intellectual property "network" with international well-known enterprises has become more and more dense, resulting in positive collision and confrontation, and the infringement and disputes are on the rise. How to break the intellectual property barrier for domestic tire enterprises?

According to the statistics of sun Lifang, the Department of reexamination and invalidation of the State Intellectual Property Office, in China, patent applications in the field of tires are in a burst period. The number of applications increased from only 300 in 2005 to more than 3000 in 2018.

Foreign enterprises are still fully showing the layout strategy of "products are not moved, patent first". Sun Lifang found that the rapid growth of tire industry mainly comes from the increase in the number of applications from international well-known tire companies. On the one hand, the growth shows that the prospect of China's tire industry is unanimously optimistic by international companies, but on the other hand, it also reflects that the patent "network" organized by international tire enterprises in China is becoming more and more dense, and the development of domestic tire industry is more difficult and the competition is more intense More intense. The most famous case is the patent invalidation and lawsuit between Sacchi group and VMI Netherlands.

According to a set of data provided by ran Ruixue, partner of Covington bailing law firm, 59 cases of 337 investigations were filed in the United States in 2017, the highest in recent five years. Among them, there were 22 investigations involving Chinese enterprises, accounting for about 1 / 3 of the cases in the whole year, and the absolute number reached a record high.

337 investigation is one of the important means to prevent or restrict foreign enterprises or their products from entering the American market. The 337 investigation has also focused on China's rubber industry. The most famous cases are the rubber antioxidant case between flex and SINOCHEM in 2005, and the rubber resin case of Sinochem in 2012.

Feng Yaoling, senior tire expert of tire expert group of China Rubber Industry Association, compared and analyzed the differences in tire standards between China, Europe, the United States and other countries and regions. He said that it is because of the slight differences in tire sidewall markings, but because there is no right to speak on standards, it has brought troubles to China's tire enterprises in manufacturing and product export, as well as to consumers.

Responding to the lawsuit is characterized by high cost, long time-consuming and tedious submission of evidence materials. It is gratifying to know that our enterprises have won several cases. In 2000, it cost 3.37 million US dollars to win the lawsuit in Shandong. Fortunately, these enterprises take this intellectual property dispute as an opportunity to actively respond to the challenges, and more realize the importance of attaching importance to independent research and development and intellectual property protection, and the development strategy of intellectual property is placed in an important position of enterprises.

Sun Lifang said that rubber tire enterprises should learn to make efficient and accurate use of the intellectual property system, especially the "review" and "invalid procedures". They should not give up the protection of any valuable innovation achievements easily, and at the same time, seriously avoid the rights of others, reasonably use the invalid procedures to solve the patent siege.

The conclusion drawn by lawyer ran Ruixue in his many years of career is that enterprises should have the courage to take up their own patent reserves and compete reasonably and legally with overseas competitors. However, lawyers can only help the enterprises to go well and follow the legal procedures. More importantly, they have to rely on their own R & D and technological innovation. Only in this way can they have the right to speak on intellectual property rights.

Feng Yaoling experts hope that three or five, or even seven or eight, of China's top 10 tire enterprises can unite to concentrate their limited capital and technical resources together to jointly carry out technical research and development. Only through in-depth basic research and development can we have advanced technology, advanced standards, have a voice in international tire standards, become a tire power, and will not be accused of anti-dumping and countervailing.

(author: Hao Zhizhang source: China rubber net)