Types of patent barriers
Patent barriers can be divided into the following four types according to their different application methods:
1 Patent Barriers and "337 Investigation"
377 investigation refers to the investigation conducted by the United States International Trade Commission (ITC) according to Section 337 1930 of the United States Tariff Act (hereinafter referred to as "Section 337") and related amendments, which usually prohibits unfair acts and unfair measures of importing products or selling products in the United States after import.
Relevant data show that from 2006 to 20 1 1, the number of 337 investigations in the United States increased to 266, and the number of cases involved in China also increased. In 20 12, the United States * * * launched 29 337 investigations, showing an overall upward trend. Among them, there were 83 investigations involving China 337, accounting for 36.4%. According to experts, in recent years, with the export products of China enterprises to the United States gradually changing from daily necessities to high-tech products, American enterprises will inevitably launch "337 investigation" and other non-tariff trade barriers in order to maintain their dominant market position. Therefore, 337 investigation is often a commercial competitive strategy to exclude competitors and compete for the American market. We must have a clear understanding and face it calmly and positively. And strive to improve the early warning mechanism of intellectual property rights in China, study the development and competition situation of foreign intellectual property rights, objectively analyze the advantages and disadvantages of intellectual property competition in various fields in China, and select some key areas to carry out intellectual property strategy research.
2. Patent barriers of "patent enclosure"
Now, more and more multinational companies regard patents as a sharp weapon of competition, implement patent enclosure, knock on and occupy other countries' markets. The so-called "patent enclosure" is the act of drawing a piece of land in this technical field by using the patent that has been applied for or invented first, turning it into your own territory, and no one else can enter without permission. Multinational companies not only register a large number of patents in their own countries, but also complete the comprehensive control of patents through transnational patent applications. On the basis of the patented basic patents, multinational companies also apply for patents for their improved technologies and surrounding related technologies, forming a patent network, thus forming a technical patent barrier for domestic enterprises.
Practice has proved that the market share of a country's enterprises in another country or region can often be reflected in the number of patents applied for and obtained in this market. By 2008, the total number of foreign patent applications in China reached 83387 1. Japan, the United States and Germany rank in the top three, which shows that the patent enclosure monopoly of developed countries in China is very obvious. In contrast, although China enterprises have begun to attach importance to patent applications abroad, except for a few enterprises, the patent registration of most enterprises is very small. When our products "occupy" other people's territory, people often can't find our patent registration in these countries, but it seems to be the usual means for some enterprises to file a lawsuit on the grounds of infringement of intellectual property rights and then implement trade protectionism. This is one of the reasons why China enterprises are frequently sued by some foreign companies. Therefore, many people in the industry believe that "the patentee wins the world." In order to avoid serious patent enclosure, on the one hand, we should increase the ownership of independent intellectual property rights in China, integrate industry forces, form industrial alliances, and develop a new generation of products with independent intellectual property rights to cope with foreign intellectual property barriers; On the other hand, the cost of applying for patents in China by multinational companies from developed countries can be appropriately increased, especially those related to the core technologies of key industries and pillar industries in China.
3. "Patent internalization and binding patent barriers"
The internalization of patent interests means that multinational companies have a strong internalization tendency in the field of patented technology or patented commodity trade in order to maintain their leading and monopoly advantages and prevent technology spillover. Among them, high-tech or commodities with technology patents and proprietary technologies mainly flow to foreign subsidiaries, and foreign subsidiaries owns most or all of the shares. Even if the technological innovation results are inconsistent with the existing business of the enterprise, the enterprise will often not transfer the technological achievements unilaterally, but use them as a bargaining chip for cross-licensing in exchange for the technological achievements of other enterprises it needs. The trend of patent internalization not only restricts the field of commodity circulation, but also hinders the circulation and application of advanced technology, thus forming trade barriers.
4. Obstacles to "Monopoly of Industry Standards"
It refers to the cross-licensing of patents through the cooperation of enterprises with equal strength, and finally forms an enterprise alliance and issues a joint licensing statement, which finally constitutes the technical control of the whole industry, thus forming a de facto standard, namely "technology patenting, patent standardization and standard monopoly".
According to statistics, there are 60 major strategic alliances among the global top 500 enterprises, and the United front has become an ideal choice for many enterprises. It is the ultimate goal of alliance enterprises to complement each other in the group, become the leader in the industry and even occupy a monopoly position. The binding of standards and patents has brought unimaginable profits to multinational companies and seriously restricted the development of enterprises in China. Therefore, paying attention to the patent cluster production industry and seizing the commanding heights of the economic and technological market, the so-called "patent cluster production industry" indicates that on the one hand, a large number of patent inventions emerge and expand rapidly, and a new industry is about to be born. Patent group production industry is a regular technical and economic development track. Peeking at this trajectory, we can gain the initiative of technological innovation and market competition.
At the same time, China enterprises should adapt to the new development of this patent strategy and attach great importance to establishing their own standards, although the number of China enterprises that can establish their own standards that can achieve global licensing is still limited? But as long as we pay attention to it, the time to reverse this disadvantage will be accelerated, so as to release it as soon as possible.