Recently, the "337 investigation" applied by the US to Chinese LED companies is really a big mistake in the Chinese LED industry chain. On March 27th, U.S. Ultravision Technologies filed an application with the US International Trade Commission in accordance with Section 337 of the U.S. Customs Act of 1930, accusing the LED lamp driver and its components that were exported to the United States, imported in the United States, or sold in the United States. Patent rights, requesting the US International Trade Commission to issue a general exclusion order and a prohibition order. According to Applicant's Document No. 3302, Aibosen, Alto Electronics, Lehman Optoelectronics, Chau Ming Technology, Shanghai Sansi, Yuanheng Optoelectronics, Liard, Lianchuang Jianhe Optoelectronics, Lianjian Optoelectronics and Jin Lixiang Enterprises are on the list of alleged complaints. In response to the “337 investigation†application filed by US companies, many companies indicated that they are preparing for a meeting to discuss the response strategy. Everything is subject to official news. It is reported that the two patents proposed by Ultravision Tech of the United States have no major protective effect on waterproofing, and there is no substantial constraint or damage to the export of Chinese LED display companies to the United States. In fact, products with the characteristics of this patent have been sold by many companies in the US market long before their patents were filed, so there is great doubt about the stability of the patent. At the same time, the patented technology does not belong to the core key technology of LED display. Whether the related product technology of Chinese enterprises constitutes an infringement remains to be implemented, 337 investigation of specific evidence collection, infringement determination, etc. is a complicated and long process, and the final result is uncertain. Sex. Secondly, the 337 investigation is relatively common and common. Zhang Xiaofei, chairman of Gaogong LED, said that in the LED field, the 337 investigation initiated by American companies was a patent infringement against LED chips. Using infringing chips All of the lamp bead products and display products are infringed with patents when exported to the United States, and anyone will be subject to targeted sanctions. In fact, for enterprises with independent intellectual property rights in China, they are not afraid of investigations. Zhou Ming Technology has complained about the 337 investigation in the past ten years, and Chinese steel companies have recently won 337 investigations. Therefore, for the “337 investigationâ€, the industry and enterprises themselves generally believe that it will not have a major impact on the business development and performance of relevant enterprises in China. Gaogong LED learned that among the Chinese LED companies involved in the 337 investigation, the proportion of Ai Biesen and Lehman shares exported to the United States is higher, exceeding 20% ​​of operating income, and the income of other companies in the US market is relatively low. . One of the respondents, Alto Electronics, issued a statement on the morning of March 29, stating that with the substantial increase in domestic business volume, the company's overseas business volume has decreased, and the company's overseas market is mainly in other regions, and sales to the US market are small. In 2017, the company's sales revenue accounted for less than 2%. Another respondent, Liard, also stated in his 2017 annual report that the company's exports to the United States generated a small income. In 2017, domestic exports to the United States accounted for only 7% of revenue. In the first half of 2017, Chau Ming Technology reported that the annual operating income of the company's LED display products in the first half of last year was 786,534,100 yuan, accounting for 69.26% of the company's LED display revenue. Among them, the revenue of the entire American market is only 225,606,400 yuan, accounting for only 28.68% of overseas revenue. It can be said that for the respondent company, there is no excessive dependence on the US market in terms of performance. The “337 investigation†applied by the US company will not have a major impact on the performance of the respondent company. In addition, in terms of patents, Chinese companies have a strong awareness of patent protection. In particular, the strength of enterprises exporting to the United States is relatively stronger. Most enterprises have independent intellectual property rights and have established corresponding patent protection systems. Under the premise of the country actively promoting independent patent protection, the company's LED display products have been extensively patent infringement search before listing in the United States, and actively prevent related patent intellectual property rights. Among them, Liard's 2017 annual report shows that there are 48 patents that have been authorized overseas in the display field, and as many as 118 patents are being applied overseas. It can be said that Liard has a relatively complete overseas patent protection system. Alto Electronics also responded that as a technology-innovated listed company, it has always attached importance to R&D innovation and investment, focused on intellectual property protection and management, actively advocated the establishment of a good market environment for protecting intellectual property rights, and consciously fulfilled corporate responsibility to respect other people's intellectual property rights. And social responsibility. While fully respecting and not infringing on the intellectual property rights of others, the company is also committed to ensuring that its intellectual property rights are not infringed by others through legal means. At present, Alto Electronics has obtained 5 US invention patents and 4 EU invention patents. Zhang Hongbiao, a senior observer in the LED industry, believes that most of the LED display technology is a utility model patent. The relevant display module technology capabilities of China's LED display companies are no less than those of American companies. Most leading display companies have also done no. Less patented layout, but the US patent layout is relatively small. Most of the LED display screens of American LED display companies are manufactured by Chinese companies. These products should have better layout and circumvention in patents. At the same time, most of the LED displays exported from China to the United States are foundry products. . Therefore, if you respond, the odds are quite large. Under the background of the Sino-US trade war, some US companies took the opportunity to invite the "337 investigation" to China's LED display companies. The purpose is to use the Trump administration's trade protection mentality to "catch up" Chinese enterprises. It is worth noting that this 337 investigation application may not be officially opened by the US International Trade Commission. If a formal investigation is initiated, it is believed that China's LED display companies will also actively respond to the 337 investigation and have the ability to defend legitimate rights and interests.
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