The electromechanical chamber of import and export trade of China reveals that exports the American digital television patent rate for the first time
Beautiful the intersection of ATSC and patent fee fix tentatively each one charge and exceed 10 dollars
Export the statement that the American digital television products will face the great amount of patent fee soon, got confirmation of China Mechanical & Electrical Products Imp&Exp Coc at last recently, according to a patent report that this association of dealers exposes recently, eachth the intersection of patent and expenses that color TV pay in 10 dollar about. But the entrepreneur points out this can only be a general statement, some enterprise patent fee may drop after negotiation.
Also industry expert points out, with the increase of the number of people of exclusive right of the digital television, the patent expenses in this respect may still continue promoting in the future. And while uniting and striving for negotiation with ATSC, it is a long-term plan to step up setting up the pool of autogenous patent to confront with its forming in Chinese enterprises.
The patent rate depends on detailed conditions
Recently, China Mechanical & Electrical Products Imp&Exp Coc released” the American color TV patent is distributed the analysis report “, according to this report, as the side of obligee of U.S.A.’s Digital Television Standard ATSC, include the intersection of Canadian and TriVision, Sony, Thompson, FUNAI 5 enterprise collect over 10 dollars for each one patent fee to digital television of U.S.A. to export.
It is reported, this is to spread out of the news of ATSC patent fee for the second time when fewer than one month. Have news claim after the will it be March 1 this year, each export, get the intersection of U.S.A. and the intersection of Chinese and television of market must pay dollar of patent fees at least the end of last month. But the relevant person of Konka shows to the staff reporter, the real expenses are not so high subsequently.
The relevant person of China Mechanical & Electrical Products Imp&Exp Coc shows to the staff reporter, what this report counted is contacting and advocating the side of obligee that collects the right of the patent fee with the association of dealers at present, do not get rid of the final amount of money of patent fee after every Chinese TV enterprise carry on the negotiation with the other side, some enterprise expenses can be reduced, can’t get rid of new obligee’s side and join and charge the list either.
A digital television expert of Shanghai Communications University explains that claims, participate in ATSC canonial member’s reaching more than 170 families, and this standard is still open to other enterprises joining, but the majority has no patent that can charge among them, and ATSC members who hold relevant patent must keep in touch with China voluntarily, could let China understand its asked price. A personage serving as the intellectual property right advisor of Changhong’s export business unwilling to sign shows even more, obligee’s side of patent fee revealed at present, it is only the iceberg corner. “By the look of example of South Korea, it is non- impossible to charge and reach 20-30 dollars for each TV set. ”
It wouldn’t be influenced to export the American color TV
The entrepreneur reveals, ” ATSC standard does not ensure his member’s obligee’s side to collect the patent fee immediately, in fact must nearly confirm the amount of the patent fee by a series of negotiation and lawsuit, and some lawsuits can be as long as 10 years. ” According to the statistics of China Mechanical & Electrical Products Imp&Exp Coc, China exported 12,816,000 color TVs together from January to October last year, increase by 38% compared with the same period of last year, the personage of chamber of import and export trade of organic electro represents this growth ” very high-speed ” . If the patent fee which China exports to the beautiful color TV needn’t be paid at once, then it is OK to continue maintaining increasing in this year and even several years.
Changhong’s entrepreneur shows, Chinese enterprises ” should define first that might not accept totally the other side ask by oneself, what patents secondly distinguished our products technically to use the other side on earth. ” This method stems from the patent fee and becomes the habitual barrier under the gradually conservative international trade situation. Editor-in-chief Chen Yan of ” China’s Day enterprise ” thinks, the environment that the Chinese household appliances enterprise emerges on market of the whole world, not so good that year as a enterprise. “In times that the enterprise of Japan emerges, enterprises do not advocate the patent fee on a large scale in America and Europe, and today, the patent fee has already become main ways in which the enterprise comes as a hard blow at the Chinese household appliances enterprise of day of advantage such as Sony,etc.. ”
And ” the American color TV patent is distributed the analysis report ” also sum up and collect the mode to the foreign patent fee of Chinese enterprises at present, a patent, in the canonicalization of foreign market, and then standard internationalization of this country once. This means if Chinese enterprises are routed in the market of one country by the patent fee of the trans-corporation, that possibility to suffer the same destiny on markets of other countries increases greatly.
Enterprises expect ” 1 ” of one The patent is negotiated
The person in charge of China Mechanical & Electrical Products Imp&Exp Coc has also summarized a series of counter-measure for this. He thinks, accelerates technology research and development through adopting; Stabilize the export price, digest the cost of patent; It is not a infringement risk produced in the equipment course of Chinese enterprise to shift; Strengthen patent, study, it is unreasonable to charge for strength to avoid; Such measures as enhancement is jointly negotiated, Chinese enterprises are still expected to hold the game initiative. But enterprise personage shows that has the wait-and-see attitude on uniting the result of the negotiation, “had trusted China Mechanical & Electrical Products Imp&Exp Coc to negotiate last year, but the result was unsatisfactory, the reason is very complicated. ” He shows, every chip which enterprises buy of China is different, the packaging technology adopted is also different, so can not often use differently patented technology, need one-to-one negotiation at this moment. “It is information and communicating to jointly negotiate more each other on the tactics. ”
He thinks, more valid way, studies ” the right is used up ” conscientiously Legal for principle,that is understand whether what foreign patents there is oneself clearly really, also make good use of WTO relevant parallel clause disputes imported conscientiously, try to deal with time more. Staff reporter Tan Yi is refined
Question of the patent fee or involving the Chinese market
Expert unwilling to sign points out, have already heard many foreign obligee’s sides claim its patent has already been used by the digital television ground transmission standard of China. This expert shows, though the Chinese digital television ground transmission standard regards the technical patents of every enterprise such as academy of Shanghai Communications University, Tsing-Hua University, broadcasting and TV and Changhong as the body, the standard that but consulted world and passed through after all, so need to distinguish carefully too, whether have finally used the foreign obligee’s square patent. On the other hand, the patent applications of China and U.S.A. demand not to be the same, such as U.S.A.’s protective TV software patent being an invalid patent in China, so charge, maintain, take, scrutinize while being prudent perhaps to a foreign one.