Repeatedly disputes among parts and components companies have caused the trademark to become "injured"

Yang Aiguo said that disputes over intellectual property rights are actually a kind of market competition strategy of multinational corporations. They are not simply legal issues. Intellectual property rights are the core competitiveness of auto parts companies. In order to maintain their competitive advantage and market share, multinational companies will inevitably use intellectual property rights to squeeze their opponents. This is the practice of international market competition.

“The general products can still be recognized and understood. Once the market competition is involved, especially when it comes to economic interests, those international auto parts giants will fight for each other and will not hesitate to argue with each other.” Yang Aiguo said, “The development of automobile companies in various countries is in the process of development. There are more or less cases of learning to imitate and learn from each other, but there should be reasonable and reasonable boundaries, otherwise the development of the automobile industry will be greatly affected."

Integrate intellectual property into corporate strategy

According to statistics, developed countries develop a new car, and 70% of the intellectual property rights belong to component companies. Under the framework of the international intellectual property system, intellectual property rights have gradually become the "technical shield" of auto companies and directly affect the living space of auto companies.

Wu Handong, director of the Intellectual Property Research Center of Zhongnan University of Economics and Law, believes that the issue of intellectual property rights has become a bottleneck that hinders the development of China's auto industry. Enterprises' enhancement of their core competitiveness depends on technological innovation and brand use, and they also need to establish a comprehensive intellectual property protection system.

Wu Handong pointed out that companies should actively guard against and respond to intellectual property lawsuits. The legal liability in intellectual property lawsuits is frequently measured in millions of dollars. Mishandling may even put the company in bankruptcy and must be taken seriously.

Ding Shuxiong, a management consulting expert, suggested that we should use our original intellectual property rights to avoid weaknesses and give full play to our advantages. Companies should comprehensively grasp and study the length of the IPR declarations, types, strengths, existing defects, and market prospects of international auto giants. While possessing independent intellectual property rights, we must also learn to “strengthen strength” and learn from Japan’s “improving innovation based on the invention of others and turning it into its own intellectual property”.

A trademark dispute between Germany's Freudenberg Group and a parts and components company in China has been closed for a few days. The Trademark Review and Adjudication Board of the State Administration for Industry and Commerce ruled that the Freudenberg Group won.

The head of the legal department of the Freudenberg Group stated that the marketing of the product in the name of Freudenberg is very important. It is understood that since 2002, a Chinese parts and components company has sold seals under the name Freudenberg. Freudenberg formally requested the company to stop using Freudenberg unsuccessful, officially filed an objection with the Chinese trademark registration department, and eventually received support.

The auto industry is a high-risk area for intellectual property litigation, and trademark intellectual property disputes also occur from time to time.

The Chinese government attaches great importance to the protection of intellectual property and upgrades it to the height of national strategy. At the end of 2010, the State Intellectual Property Office issued the National Patent Development Strategy (2011-2020), which mentioned that by 2020, more stringent patent application, approval, protection and management procedures will be established in China.

On July 11 this year, Premier Wen Jiabao of the State Council pointed out in his introduction for the "China Exhibition on Cracking down on Infringement of Intellectual Property Rights and Production of Counterfeit and Counterfeit Products." The 12th Five-Year Plan is China's deepening reform and opening up, and accelerating the transformation of economic development. In the crucial period, we must insist on scientific and technological advancement and innovation as important support, put forward higher requirements for the protection of intellectual property rights, and resolutely curb the phenomenon of infringement, piracy, and production and sale of counterfeit products in some areas and regions.

In order to adapt to this situation and tasks, the State Council decided to launch a special campaign to crack down on infringements of intellectual property rights and the production and sale of fake and shoddy products from October 2010 to June 2011, and carry out centralized rectification to maintain a fair market order. Attacking the infringement of intellectual property rights in the auto parts sector has become the top priority for this special campaign.

Must have its own brand

The Deputy Secretary-General of the China Chamber of Commerce for Mechanical and Electrical Products Imports and Exports, Yang Aiguo, told the author: “Intellectual property disputes are difficult to avoid for parts and components companies. Every year we receive complaints from parts and components companies, 20% are related to infringement of intellectual property rights, and the complainants Most foreign-funded enterprises are."

In response to such intellectual property disputes, experts pointed out that the model for the development of auto companies can be varied, and technologies can be imported without technology, and patents can be bought without patents, but they cannot be without their own trademarks.

Zhang Ping, a professor and intellectual property expert at Peking University School of Law, believes that auto companies not only use technology from others, but also use brands from others, and even promote the use of foreign brands. The consequence of this is that the products of the self-owned brands have lost a great deal of market. In the future development and market development, automobile companies must have the ability to innovate, have their own patents and core technologies, and of course have their own brands. This is very critical.

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