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**How to Maintain Intellectual Property in the Lighting Industry: Lessons from the US and Effie**
*Published: March 6, 2018 | Source: "Straits Rule of Law Online"*
Protecting intellectual property rights is essential for fostering innovation. The 19th National Congress of the Communist Party of China emphasized the importance of establishing a civilization that values innovation and strengthening the creation, protection, and application of intellectual property rights. This has provided a clear direction for building an intellectual property power in the new era. In recent years, China has increasingly focused on protecting intellectual property, introducing policies and programs aimed at safeguarding these rights.
In 2017, the number of patent administrative cases handled reached 67,000, marking a 36.3% increase compared to the previous year. During the same period, the Patent Reexamination Board processed 28,000 cases (including 27,000 infringement cases), a 35% rise year-on-year. Additionally, 38,000 counterfeit patent cases were investigated, showing a 37.2% growth compared to the previous year.
Intellectual property protection acts as a catalyst for business vitality and plays a crucial role in shaping a competitive environment. The state's strategic planning for the invention and protection of intellectual property will promote professional IP protection in the lighting industry. This is great news for the development of the lighting sector in China.
As the lighting industry becomes more artistic and creative, it also faces increasing challenges with imitation and plagiarism. This not only harms innovative entrepreneurs but also hinders the industry's progress. For a long time, many companies have neglected intellectual property rights, lacking awareness and understanding of how to protect their innovations. This has led to negative impacts and economic losses.
Therefore, lighting companies must take proactive steps to strengthen their IP protection strategies. They should implement measures across all aspects of production and management, encouraging innovation and ensuring legal compliance.
In November 2017, the well-known American lighting brand Meishi·Effiet issued a notice after receiving judgments from the Guangzhou Intellectual Property Court. The court ruled that Green Leopard had infringed on Meishi·Effiet’s trademark and design patents, ordering the company to compensate and stop selling related products. This was the fourth patent victory for Meishi·Effiet against Green Leopard within a year. The incident sparked discussions among professionals, highlighting the importance of protecting original designs in the lighting industry.
To better understand the experience of Meishi·Effiet in IP protection, we conducted an interview with Mr. Su Xiaogang, the legal director of the company. He emphasized that while many enterprises in industrial and software sectors prioritize IP protection, lighting companies often overlook it, leading to significant economic losses.
Since 2014, Meishi·Effiet has actively worked on patent protection. To date, they have successfully handled over 80 patents, winning more than 50 infringement cases and 29 formal complaints in 2017 alone. Their achievements are the result of continuous standardization and commitment to IP protection. Here are three key lessons from their experience:
1. **Strengthen and Implement a Patent "Great Wall" to Avoid Legal Risks**
- First, establish a "patent awareness" for design plans.
- Second, apply for a full range of patents to ensure comprehensive protection.
- Third, avoid exposing patented products too early, as this can weaken the effectiveness of the patent.
2. **Actively Adopt Confidentiality Measures to Protect Trade Secrets**
- Companies should create a multi-layered protection system, including signing confidentiality agreements and non-compete clauses.
- Implement technical safeguards such as monitoring USB ports and restricting access to sensitive areas.
- Control product outflows to prevent unauthorized use.
3. **Establish a Dedicated Legal Department or Anti-Counterfeiting Team for Systematic Protection**
- Focus on IP protection by hiring specialized personnel.
- Stay alert to market changes and set up channels for reporting infringement.
- Work with professional legal organizations to ensure efficient and effective IP protection.
After the interview, Mr. Su highlighted that respecting and protecting each other's intellectual property rights encourages innovation and promotes the continued development of the lighting industry. As China improves its judicial environment for IP protection, more lighting companies are expected to pay attention to and actively defend their intellectual property rights.
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