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500,000 may seem insignificant for a company with revenue of 2.82 billion (2015), however, the meaning behind this number goes far beyond itself.
In 2012, a German boarding bridge company was ordered to pay 500,000 RMB by the court for infringing the patent of CIMC Tianda in the domestic airport boarding bridge project. In this international patent litigation case, CIMC-TianDa, which once stood in the dock, won the victory, which completely reversed the image of itself and even a Chinese enterprise.
In the past two years, news that Chinese companies have been involved in international patent disputes have frequently appeared in the newspapers. How to break the patent dilemma has become a difficult problem for Chinese enterprises to "go global". Like many Chinese companies, CIMC-TianDa has inevitably encountered international patent litigation in the process of internationalization. However, it did not stop because of this. With years of hard work, CIMC-TianDa finally fought a "anti-encirclement and suppression" counter-attack in terms of patents, and established its leading position in the industry through its original patented technology. . It is reported that CIMC-TianDa currently ranks first in the global market share. Its boarding bridge products are distributed in nearly 200 airports in 51 countries around the world, and its patent reserves are also far ahead in the world.
Clarify the patent access threshold
"When you take a plane to Guangzhou, you can see our factory from above." Zheng Zuhua, chairman of CIMC-TianDa, pointed to the top of the factory A plane that flew by said with a smile on his face. As the first-generation engineer of the company, Zheng Zuhua has accompanied the company in ups and downs for more than ten years. Under his modest and restrained appearance, what he cannot hide is his natural love for the boarding bridge business. You can imagine how many times every time he took a flight to Guangzhou, he looked out the window and looked at the place where he had devoted his efforts for many years. Here, he witnessed the transformation of CIMC Tianda.
In 1993, when Chinese companies entered overseas markets or patent "streaking", CIMC-TianDa, with good wishes, will start and settle in the United States, where the development of intellectual property is the most mature. However, the reality is cruel. The lawsuit from JETWAY, an American company, not only gave CIMC-TianDa the notoriety of "infringing intellectual property rights", but also pushed it to the brink of bankruptcy.
Zheng Zuhua recalled: "After entering the US market, we signed a cooperation agreement with an American company in order to open up this market. As a result, CIMC-TianDa did not receive any orders, so we terminated the cooperation. Open up the market yourself." The former partner has become a competitor, and CIMC-TianDa and JETWAY from the United States have launched a fierce market competition. In the journey of opening up the market independently, CIMC-TianDa quickly made progress and breakthroughs. However, when the company's development was on the rise, American companies launched an intellectual property attack against it, using the implied terms in the original agreement with CIMC-TianDa to pursue legal proceedings.
"This treaty specifies that the original and developed intellectual property rights of the other party belong to them. If the two parties terminate the cooperation, we will not be allowed to use the relevant intellectual property rights within ten years. However, in In the process of cooperation, we also participated in the research and development of related technologies. Such a treaty is obviously unfair to us, but unfortunately, when we signed the agreement, we did not notice it, nor did we understand the benefits." Ignorance of the rules of the international game, CIMC-TianDa had to fail in this battle in the United States.
An international lawsuit has the potential to bring down an average company. Fortunately, CIMC Tianda held up. Although it was not good to be a teacher, it was this heavy blow that gave CIMC Tianda a clear understanding.
Zheng Zuhua emphasized that if you want to embrace internationalization, clarifying the access threshold of patented technology is the top priority of the expansion strategy. Before a new product is established, the company must arrange professional staff to conduct patent search, conduct a comprehensive investigation of the patented technology of competitors, and master the patented technology of the export target country in detail. In this way, it can not only understand the detailed status of related technologies, improve the starting point of R&D and innovation, but also avoid the dilemma of patent infringement and effectively reduce the probability of patent litigation. "When the cost allows, entrusting a local law firm in the exporting country to conduct patent investigation is a relatively preferred strategy, especially in countries prone to patent disputes, it must be given sufficient attention."
From After catching up to surpassing
After the defeat of the American battlefield, in order to save the enterprise on the verge of bankruptcy, Zheng Zuhua turned the tide and carried out a series of management measures, and gradually opened the layout of patents. At this stage, CIMC-TianDa established a professional R&D team to concentrate on R&D technology. While learning from the benchmark products of the same industry, CIMC-TianDa also went to Europe for inspection and exchange. CIMC-TianDa has researched and caught up with the patented technologies of benchmarking companies by thoroughly examining the products of the global peers. Zheng Zuhua believes that during this period, we should learn more from the advanced technology and excellent patents of the industry, and constantly narrow the gap between ourselves and the world-class level.
It took about three years, through the reserve and improvement of patented technology, CIMC-TianDa has not only been reborn, but its products have also been widely recognized in the industry. Also got primitive accumulation.
Zheng Zuhua believes that in the weak stage of the enterprise, more imitation and learning should be carried out in terms of patents, and efforts should be made to catch up with benchmark enterprises; ” role reversal. However, if we want to have a qualitative change in patented technology, we must also have more excellent inventions and innovative technologies. A completely different project from the past made CIMC-TianDa the No. 1 benchmarking enterprise in the industry.
The A380 boarding bridge project at Charles de Gaulle Airport in France is just such an opportunity. In 2005, after fierce competition, CIMC Tianda defeated all international competitors and finally won the favor of Paris Charles de Gaulle Airport. The A380 passenger aircraft is completely different from the previous models. The docking height of the ordinary passenger aircraft door and the boarding bridge is only 5 meters. However, the A380 is the only passenger aircraft with double-deck doors in the world. The upper door needs to be docked with the boarding bridge. 8 meters. "The boarding bridge is a very special device, and its stability is not strong, because it is movable and retractable, and the only part connected to the passenger plane is the tail. Therefore, the strength of the product must be calculated very precisely. Only with a strong control force can the requirements of stability and safety be achieved." In order to let reporters understand the difficulty, Zheng Zuhua detailed the product characteristics and manufacturing principles of the boarding bridge.
Obviously, this is a worldwide problem. In the face of all the unprecedented models, many international companies bidding at the same time racked their brains. Just as the engineers of CIMC-Tianda were fighting day and night and thinking about countermeasures, an inadvertent inspiration lighted up everyone's thinking. This idea comes from Zheng Zuhua, "The inspiration comes from the auxiliary wheel on the children's bicycle. If this boarding bridge needs to maintain the synchronization of the wheels and not spin in place, it needs a strong control force, and the auxiliary wheel can solve this problem. problem.” After Zheng Zuhua put forward his views to the engineer team, through discussion and research at the meeting, the plan was quickly implemented, and the final result far exceeded expectations. The tenderer greatly appreciated its solution. Later, this technology not only applied for a patent, but also won the National Patent Gold Award.
“In the past, we were chasing, but now we have far surpassed the standards of our peers. In order to maintain our position as the industry benchmark, we have been vigilant and must not be taken lightly.”
From Defendant to Plaintiff
The victory in international patent litigation is the most powerful counterattack in CIMC-TianDa's "anti-encirclement and suppression" of patents. It has been 13 years since its defeat in the US market in 1999. CIMC-TianDa has finally fought a turnaround from the defendant to the plaintiff. "At this stage, we have fought 7 lawsuits for 5 years, and now there is still a lawsuit going on." Zheng Zuhua said.
From the perspective of the process of patent protection, it is a general consensus in the industry that it is time-consuming and labor-intensive. However, Zheng Zuhua believes that, from the results, patent protection is not only the awakening of patent awareness, but also an excellent weapon against opponents. "Patents only account for a few percent and a few thousandths of a product. Only very special technologies will apply for patents. And it is unique to you. If other companies want to develop related technologies, its cost will definitely be higher than yours. Therefore, this forms the core competitiveness of the patent applicant, which is also one of the competitive means commonly used by enterprises. You must pay attention to the rules of the game, respect others but also protect yourself. When others infringe a patent, you cannot sit still. In Zheng Zuhua's view, patent rights protection should be implemented, especially in the face of vicious competition, to take relevant measures to achieve patent "counter-offensive", in order to finally allow enterprises to gain the right to speak in the industry.
Up to now, CIMC-TianDa has been well versed in the offensive and defensive methods of patent reserves. In order to always maintain its leading position in the industry, CIMC-TianDa strives to create a corporate culture that pays attention to patented technologies. "If an enterprise wants to seize the commanding heights, it must continue to invest. When you seize more, you will keep your position."
According to Zheng Zuhua, CIMC Tianda has established more than 40 capable companies It is called an elite team of engineers; in addition, a patent affairs department has been set up, and its full-time personnel are mainly responsible for patent application and protection, and continue to update news related to patents and other affairs.
In order to encourage technological innovation and patent application protection, CIMC-TianDa has established a patent fund to evaluate and reward engineers and staff who have contributed to patented technologies every year. This not only includes incentives for engineers in technological innovation, but also has corresponding incentive measures for patent application protection of full-time personnel. “It is not enough to focus on R&D alone, technology must be patented in order to be protected by law. In our case, not only the inventor of the patent is rewarded, but the applicant of the patent is also encouraged. In short, we hope that engineers can try their best to This is also the unique corporate system culture of CIMC-TianDa." The implementation of this system has enabled the company's patents not only in quantity but also in quality have been further improved.
In addition, CIMC-TianDa has also formulated a business trip system, which stipulates that when engineers and staff return from business trips, they must write a business trip report for reimbursement. The content of its report mainly focuses on at least two advantages of CIMC-TianDa's competitors or at least two shortcomings of the company's products. Through the implementation of this system, CIMC-TianDa has effectively ensured the advanced nature of products and the sensitivity of employees, and has achieved a year-round learning state, thus forming the corporate DNA of continuous self-innovation and breakthrough.
It is reported that CIMC-TianDa has applied for 258 patents so far, of which 171 have been authorized, among which many are invention patents applied for and authorized in the United States and Europe. "Patent is the foundation of a foothold and the most powerful weapon for self-protection in the process of internationalization. This is also our greatest achievement after years of overseas hard work."
CEConline: In the process of internationalization What experience does CIMC-TianDa have that can be exported to Chinese companies?
Zheng Zuhua: 1. Patent access. It is necessary to thoroughly study the patented technologies of competitors, and also to check the patented technologies of the export target countries, because the products of each country are different. When you want to enter different countries, you will encounter different requirements, and each country has different preferences.
Second, trade policy access. For example, some countries or regions now have barriers, and you cannot sell domestic products locally. Therefore, only after understanding these policies in advance can you effectively implement the next step.
Third, access to business and other capabilities. For example, the local tax system must be clarified, otherwise it will lose miserably.
CEConline: How did CIMC-TianDa choose patent institutions for cooperation?
Zheng Zuhua: In principle, when analyzing or applying for a patent, we will choose an intellectual property agency to help us register. Mainly domestic intellectual property institutions, our requirements are to have an international professional background, and to look at some of the institutions' past performance. We will choose them if it is suitable, and if the cooperation is good, we will continue the next cooperation. First, we will consider applying for patents in China, and then we will apply for patents in some countries that are prone to patent disputes, such as the European Union and the United States. This is what we hope the patent agency can help us with.
The reason why we attach so much importance is that we have suffered a lot from patents, so now we pay special attention to patent protection. Companies that want to do international trade should pay attention to patent application and protection.
CEConline: Now, many Chinese companies have the awareness of patent protection. According to the survey, my country has become a big country in terms of patents, and the number of patents is the first in the world. However, the quality is not high and the conversion rate is very low. What do you think for this? If the product technology is not innovative enough, do you think it is necessary to apply for a patent?
Zheng Zuhua: On the surface, having a lot of patented technologies will add points to the image of an enterprise, but as an enterprise itself, it pursues efficiency. If the conversion rate is not high, patents have no practical significance. The cost of technology research and development is not low, and the patent application must be effective before applying. At the beginning, companies can use patents to enhance their image, but over time, it is the right way to make patents truly transform into your financial results and effectively improve competitiveness. Don’t put the cart before the horse.
Of course, some patents are not particularly high in technical content. At this time, two aspects should be taken into account. On the one hand, the good atmosphere of the enterprise and the enthusiasm of the engineers should be protected. Guarantee the validity of the patent.
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