Tuesday, October 5, 2010

Urgent situation of 3G intellectual property rights on how long the operator toddler

Peking University Professor Zhang Ping On the 3G intellectual property rights that, at present, the most critical in the negotiations is to some people behind each standard for 3G patent pool solid analysis, the workload can be imagined. Zhang example, in her v. Philips DVD launched a patent to be invalid patent research, only research funding spent more than ten million, while the subject from the second half of 2005 to 2006 the end of June, time-consuming nearly a year. Thus the three major 3G standards for the large number of patents involved, the huge funds needed can be imagined.

Professor Zhang presented a key issue, this analysis by whom, a moment is a tough question to answer.

However, in an interview with reporters found a good sign, present some basic telecommunications operators in the survey commissioned by third-party companies in related businesses with the 3G and its patent distribution, some by their own commitment Institute Lai related work, though, this survey only operators around the business and related patents, but the business had never been aware of the intellectual property rights would be affected operators, this is a huge step forward.

Prevent the situation quietly

China Telecom Beijing Research Institute of Zhang Ying Tang Zhuren communication industry in China in about the current status of said intellectual property protection, compared to telecom operators still in the initial state of intellectual property protection. Statistically, the end of 2005, the number of patent applications, operators are in double digits, with Huawei, ZTE can not be compared to such manufacturers, even with NTT so far from foreign telecom operators. Worthy of our attention is received from the State Intellectual Property Office figures, NTT applications in China has thousands of patents, a large number of international carriers in China for patent, on the future development of our carriers is extremely negative.

Current with the strategic transformation of telecom operators, carriers operating activities for the business innovation, service innovation, technological innovation, innovation activities, innovation networks are more and more involved in intellectual property rights is also increasing. Basic telecommunications operators and other companies operating in force, foreign carriers and even personal checks began to highlight the intellectual property disputes. Operators have begun to realize the importance of intellectual property protection, began to carry out awareness of intellectual property protection, primarily to guard against technical and business risks. But the launch of this campaign has just started, many problems faced.

Attention to the patent gold content

Basic telecom operators have set the standard for patent application and staff, and also have in-house approach has introduced some incentives for staff to award the patent application in order to encourage employees to participate in technological innovation.

"Patented invention into patent, utility model patents and design patents of three parts, basic telecom operators pay more attention to the invention patent, because this part of the gold content of patents is the largest. Of course, operators do not consider the use of patent to make money. "an insider said operator.

However, it is understood, and large business and technology sector compared to carriers to obtain certificates in intellectual property and patent agents specializing in intellectual property rights were not numerous. Nevertheless, the current operator of patent applications grew a few years ago several times, this is a good sign.

Breach of international standards for

For the carriers, in addition to patents and intellectual property there is a very important task, namely to participate in international standards organizations, at present, China's major operators are participating in track and standards of work, basically in accordance with international standards, industry standards and enterprise standards based. In this regard, China's telecom operators, China Mobile, work more, go farther. It is understood that China Mobile in August 2002 proposed the first patent application - "an Internet-based short messaging systems and data transfer method" (Monternet CMPP Agreement), realization of a zero patent applications in China Mobile breakthrough. To August 2005, China Mobile to join hands together overseas carriers Vodafone HSDPA launch joint specification version 1.0, created to promote the development of new industry technology model, creating a significant and far reaching. The end of 2005 to complete the "Patent Strategy of China Mobile," the report is the first China Mobile study on patent strategy. The report for the standardization of China Mobile into the first camp as soon as possible to provide a strategic direction.

Participation in international standards in editing and development, China Mobile sent people to participate in various international standards organizations, in September 2003, Liu Yi, China Mobile was elected vice chairman of OMA Organization Location Group, China Mobile achieved technical work in OMA Organization Group positions breakthrough. To March 2005, Huang Yuhong 3GPP SA working group was elected Vice-Chairman, representatives of Chinese companies to achieve a senior management breakthrough 3GPP.

Although the basic operators have done a considerable amount of work, but more abundant in the 3G business and foreign operators to enter the local telecommunications services market, the premise, these is not enough, then how can we more to play out the great potential of our operators, or a worthwhile research.

Consciousness gradually led

Zhang Ying Tang Zhuren analysis, 3G era arrives, telecom operators in a full-service operator, will face a large number of network and service convergence, mobile and fixed network convergence, business and terminal integration issues, business innovation, R & D more and more, intellectual property issues will become increasingly severe. To sum up from now on, operators have to do six tasks.

First, the need for intellectual property development strategy, including intellectual property organization, system. Forming a target, the system of standard intellectual property system. Intellectual property strategy to consistently throughout the product development and marketing.

Second, analysis of intellectual property strategy - to grasp rules of the game, so that to know ourselves.

Third, to participate in the formulation of international rules of the game. Master the standards development, formulation, implementation, revision of rules, standards, the real interests of the winner, standards organizations and the holders of intellectual property policies, flexible application of standards organization intellectual property policies, pay attention to allow the patent, the principles of patent claims.

Fourth, we must closely follow the standards and standards organizations, holders of standard developments, and actively participate in standardization activities of the Organization, in various drafts and the motion to seek additional patent opportunities. Standard combination of patent and R & D to develop projects and products and the corresponding patent application draft standard plan, adjust, full coordination of internal and external resources.

Fifth, to create opportunities to promote standards: do not give up the opportunity to create standards. Focus on open and closed technology system utilization strategy, for effective partners.

Sixth, to vertical and horizontal alliances, joint development: to promote technical cooperation, the establishment of industry alliance formed to develop standards and intellectual property licensing group strength.

For operators, there is now a trend that can not be completely controlled by the manufacturers, hoping to take more initiative, otherwise their interests will suffer. However, to grasp the initiative was not easy, and now look at the operator's IPR protection work has just started need further exploration.

Innovation Way provoke thinking

"Patent costs to the device is not terrible, because there are many products to choose from, as the operator will choose the most cost-effective products. The real fear is that some need to be charged by the patent fee revenue, such as China Unicom The BREW business is this. "Development Strategy of China Unicom Advisory Committee, former vice president of China Unicom Yu Xiao Mountain Memories Unicom the path of intellectual property rights, said," A few years before Unicom on CDMA, has been led by China Unicom United 19 Chinese companies negotiate with Qualcomm, which is a useful attempt, because Qualcomm was eager to enter the Chinese market, it should be said, or more successful negotiations. "

Therefore, 3G is an opportunity, 3G, including the application of too many patents, in addition to WCDMA, CDMA2000 and TD-SCDMA standard three, there are, including streaming media, including the application of patents. "However, as enterprises can not innovation for innovation, can we combine the strengths and innovation to create more suitable for specific market applications." Yu Xiao-mang.

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