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India why cell phone patent dispute in high
BAOJIALONG  Addtime:2016/11/26   Read:1773 Times【 Fontsize:L M S

Following the Jin, millet in India after plunging into a patent dispute, OPPO and vivo recently was Dolby AB International (hereinafter referred to as Dolby) in India small claims courts involved in patent litigation.

When encountering patent lawsuit comes as OPPO, Vivo and other manufacturers copy successful route, India market overseas home. However, the patent dispute is indespensible snag domestic mobile phone manufacturers.

Promote patent reserve development mode into a huge and long work cycle, but if domestic enterprises are unable to build your own patent barriers, will also face additional barriers to overseas markets. The short Board, domestic manufacturers have to come back.

India market, market smart-phone patent litigation in Europe and America has become a new battleground.

Before the OPPO and vivo, Chinese millet, Jin Li, a Canada and India native Smartphone manufacturers such as Micromax, Intex, have been involved in the smart-phone patent infringement litigation.

On December 11, 2014, on suspicion of violation of Ericsson has the ARM, EDGE, 3G and other related technologies, 8 patents, millet in India was appealed to by Ericsson India Delhi High Court. At this point, the millet has just declared that in India only used 6 months achieved exceeded 1 million in shipments.

In fact, until then, Jin has been involved in patent litigation dispute with Ericsson. Allegedly, 2014 Golden State in India market shipments close to 4 million units, are all Chinese mobile phone manufacturers in India for the sale of the sum.

Almost two years later, OPPO and VIVO in India embroiled in a patent infringement dispute. At this point, the OPPO is very eye-catching and vivo's recent market performance, has more consecutive quarter among the forefront of the global smartphone market share.

According to the Center for studies of CUPL intellectual property researcher Li Junhui introduction, gionee and millet was sued by the Ericsson, litigation focuses on communication the patent and the OPPO and vivo was sued by the Dolby, audio is disputed key patent licenses. And Jin, millet accused infringement cases are similar, OPPO and VIVO in India accused standards essential patents involved.

It is understood that domestic mobile phone brand is numerous, but cooperation with the Dolby patent licensing of manufacturers was sporadic. "Dolby and OPPO patent license under the background of cooperation, the Dolby in India Sue OPPO and vivo, apparently won't focus or pressure upon the OPPO, but those who have not yet reached with the Dolby patent licensing cooperation of domestic mobile phone manufacturers, including vivo, gionee, Meizu, and so on. "Li Junhui stressed in an interview with science and technology daily journalist," qiaoshanzhenhu, striking an ox. Beats the purpose obviously is not ' the Hill ', and ' tiger ' and ' cow ' body. ”

According to Li Junhui introduced, India applications "sales ban" more convenient, I am afraid, Ericsson, Dolby and other companies will patent battle to choose India as one of the key reasons. Like the millet, the OPPO and vivo also presented to the Court in a timely manner in accordance with the "each device 34 rupees (3.44) bonds", allowing their temporary freedom from India was "banned".

Saturated markets, domestic brands have been "going abroad"

As the domestic smartphone market is becoming saturated, sailing to foreign markets has become the consensus of the industry, India market because of large populations, becoming one of many domestic handset makers scrambled to enter the market, including Huawei, Lenovo, millet, OPPO, VIVO, Jin and other domestic manufacturers have been entering India market, and India markets a big winner.

According to international research firm CounterPoint to a survey, in the third quarter in the year to the end of September, India market smart phone shipments reached a record 35 million, an increase of 25%.

According to IDC's latest report showed that third quarter of 2016, China manufacturers India market winners. Lenovo (including Motorola) jumped to second, market share is 9.6%; millet just two years to rise to fourth place. OPPO and vivo, finished seventh and eighth, respectively, while India's biggest mobile phone manufacturer Micromax, shipments fell by 32%, slipped to third place.

As a new brand, strong performance in 2016 from OPPO, and vivo, shipments increased OPPO single shipments even beyond the company.

Tencent's senior media GUO Xiaofeng said: "the domestic smartphone market growth has passed, along with rising construction costs, marketing costs, almost all domestic mobile phone manufacturers are suffering. Two brand cell phone years shipments have challenged the strength of 100 million, but markets in China do not meet; their growth needs to expand overseas is the right choice. However, the sea and the road is bad, India and other Southeast Asian markets attractive, but it is not a safe haven. ”

Lawsuits forced r speed

OPPO, VIVO, and other domestic mobile phone manufacturers in recent years success relies heavily on big advertising and marketing and offline channels, but on a technical level is relatively weak, manufacturers could continue to pay huge royalties rare, therefore, familiar with the rules of intellectual property and strengthen research and development and patents reserve is necessary to Chinese companies.

Mobile phone League Secretary General Wang yanhui of China said: "the Chinese mobile phone manufacturers being sued is not a bad thing, paying patent fees also should be in a reasonable price range, the lawsuit should not become a sea barrier. ”

Huawei, ZTE did not shy away early losses ate a lot of intellectual property in foreign markets, benefiting from increased investment in research and development in recent years, has achieved good results in the global market for patents.

Data from Huawei's official, as of 2015, Huawei global cumulative licensing 50,377, PCT (Patent Cooperation Treaty) the number of applications for two consecutive years at the top, now ties with the industry's major manufacturers and has signed dozens of intellectual property cross license agreement of the patentee. According to ZTE's official statistics, by the end of 2015, ZTE has more than 66,000 pieces of global patent assets, has patented more than 24,000.

In overseas markets, to compete with foreign Giants face to face, especially in Europe, America and other mainstream markets, patents are indespensible snag. "The United States smartphone market litigation is very high, because the lucrative smartphone market, in order to protect their own interests, each firm will find opportunities for real action to the opponent, no patent is difficult to move on. "United States Patent LexInnova, a property consultancy Director Aditya Awasthi comments.

However, this does not mean that "patent large" mercenary in the patent issues. Ericsson (China) communication, President Zhao Juntao said in an interview with the science and technology daily: "we have a patent, but does not limit development. Our principles on fair, reasonable and non-discriminatory (FRAND), welcome the competitors and we share the patent, because we know that only big, reduce costs in order to benefit consumers. Today, our partners have reached more than more than 100 patent license agreement. ”

It is understood that in April 2008, Ericsson and Alcatel-Lucent, NEC, Nokia, call for building IPR licensing framework, calling for LTE patent licensing fees charged do not exceed the phone priced at 10%.


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