On April 26, Shenzhen held the 2022 Intellectual Property Work Conference and Intellectual Property Joint Conference. At the meeting, the top ten intellectual property events in Shenzhen in 2021 were released, and “Smoore went to the United States to launch a 337 investigation and rights protection action” was selected as one of the top ten.
The selection of the top ten events lasted several months and was selected through public solicitation, online voting, expert review and other procedures. Among them, “Smoore went to the United States to launch the 337 investigation and rights protection action” ranked first with 26,155 votes in the online voting stage, which has attracted much attention from all walks of life. In addition, the event was also selected as one of the top ten intellectual property events in Guangdong Province in 2021.
From daring to speak out to going to the United States to fight back, a new breakthrough made in China
The US market is the largest market for electronic atomization in the world, and it is also a high-incidence area for patent infringement disputes of electronic atomization. As China’s electronic atomization industry with a complete industrial chain, its patents account for 90% of the world’s related patents. They often become victims of infringement by foreign companies in market competition, and they dare not speak out.
“Smore’s patent of generating atomization effect by heating the ceramic atomizing core has been widely used in specific atomization technology, so it is more difficult to avoid.” Xu Chi, head of the intellectual property and legal department of Smore, said that according to the company’s related According to preliminary estimates by the department, these patent infringements currently cause huge losses of tens of millions of dollars each year.
As the world’s largest atomization technology company, Smol will continue to expand its global market share in 2021, reaching 22.8%, exceeding the sum of the second to fifth places. By the end of 2021, Smol has applied for 3,408 patents in total, covering four major types of technologies: temperature control, heating element, anti-leakage liquid, and liquid storage. Among them, the ceramic heating core technology won the China Patent Award Excellence Award, which is also the first national patent award obtained by the domestic electronic atomization industry.
On April 26, the top ten intellectual property events in Shenzhen in 2021 were released, and “Smoore went to the United States to launch a 337 investigation and rights protection action” was selected.
According to Shenzhen Customs, the case-handling unit, after receiving the overseas rights protection appeals from Smol, the Customs took the initiative to establish a point-to-point contact mechanism to guide the customs filing of intellectual property rights, jointly study and judge the risk of border infringement, and jointly formulate a rights protection assistance plan. Carry out special protection for the emerging electronic atomizer industry whose patent rights account for more than 90% of the world. After months of hard work, the Customs seized 4 batches of more than 1.8 million products suspected of infringing its patent rights at the port.
17 overseas companies “serving soft”, the first time for Chinese companies
According to the customs, in October 2021, based on the evidence seized by the customs, Small launched the first “337” investigation of domestic companies against foreign companies in the United States on 38 American and Canadian companies and individuals.
“337 Investigation” is the U.S. International Trade Commission, in accordance with the relevant provisions of Section 337 of the U.S. “Tariff Act of 1930”, to investigate intellectual property infringement and other unfair competition behaviors in import trade, and decide whether there is infringement and it is necessary to take remedies a quasi-judicial procedure for measures. In the past, “337 investigations” were mostly initiated by foreign companies. This is the first time that a Chinese company independently defended its patent rights as a plaintiff.
Xu Chi said that the “337 investigation” application filed with the U.S. International Trade Commission (ITC) aims to request the ITC to issue an exclusion order and prohibition order against the companies involved. There will be a preliminary result at the end of the year.”
According to its introduction, the accused party is suspected of infringing 3 patents and 1 trademark of Smol ceramic atomizing core technology. Once the investigation finds that the infringement is established, the ITC will prohibit the infringing company from selling the infringing products in the United States, and will also report the infringing products to the United States. Customs issued an exclusion order prohibiting the product from being imported into the United States.
so far, 15 defendants have signed consent letters or settlement agreements with Small.
As of April 20, 2022, 17 defendants had signed consent letters or settlement agreements. “Overseas defendants have come to us for settlement, promising to stop their infringement, which shows that the quality of our patents is stable and reliable, forming a strong patent barrier.” Xu Chi said.
Behind the rights protection, the sea of stars of technological innovation
Xu Chi said that Small has built a professional legal support system for global intellectual property protection. In 2019, in response to intellectual property infringement on overseas e-commerce platforms, Simer filed two intellectual property infringement lawsuits in the U.S. federal district court and won, and the defendant was awarded a total of more than 9 million US dollars in compensation.
Intellectual property experts believe that the reason why Simo dares to “go global” to defend its rights and make breakthroughs in the global competition is due to the company’s long-term and continuous investment in science and technology and its increasing innovation strength.
According to reports, Smol’s annual operating income in 2021 will reach 13.755 billion. This year, the company will spend 1.68 billion for research and development, more than the sum of the past 6 years. “The seeds of hope are planted today, and the sea of stars can be seen tomorrow.” said Chen Zhiping, chairman of the board of directors of Small International.
The national “14th Five-Year Plan” and the outline of the long-term goals for 2035 put forward the implementation of the strategy of strengthening the country with intellectual property rights to better protect and encourage high-value patents. In recent years, high-tech enterprises are creating and storing high-value patents, which have better technical and economic value. This is of great strategic significance for my country’s scientific and technological self-reliance and breakthroughs in key core technologies.
“For economic growth, technological innovation can improve production efficiency and thus increase supply capacity and potential growth rate.” Relevant experts said that the new round of technological revolution has brought about the rapid development of the digital economy, with big data, cloud computing, Internet of Things Technological innovations represented by artificial intelligence and artificial intelligence have brought about the possibility of rapid improvement in the efficiency of resource allocation and gave birth to new economic forms.
“Only the core technological inventions, new industries and new ideas generated from basic science can ensure that the marginal output of capital and labor input remains at a high level. It is a long-term process to shift the economic development model to the driving force of technological innovation, which requires the whole society. Great attention and persistent investment.” said the above-mentioned experts.
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