专利交叉许可
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引人深思!国外车企之间如何避免专利纠纷?
Zhong Guo Qi Che Bao Wang· 2025-11-06 03:19
Core Viewpoint - The article discusses the increasing patent and trademark disputes faced by Chinese automotive companies in overseas markets, contrasting this with the relatively few disputes among foreign multinational automotive companies, highlighting the strategies they employ to avoid such conflicts [4][7]. Group 1: Patent Cross-Licensing Agreements - Audi and Hyundai signed a long-term patent cross-licensing agreement for hydrogen fuel cell technology, allowing both companies to share patents and components, which significantly reduced disputes between them [5]. - Ford and Toyota also engaged in a patent cross-licensing agreement in the hybrid technology sector, which saved both companies over 1 billion yuan in R&D costs and facilitated differentiated competition in the market [5]. Group 2: Government and Industry Coordination - Some countries, like Japan, have implemented mechanisms to guide automotive companies in negotiating patent disputes, such as a four-step method for negotiating standard essential patent fees [6]. - Germany has introduced a rapid adjudication mechanism for patent courts, encouraging companies to disclose cross-licensing intentions to resolve disputes through cooperation rather than litigation [6]. Group 3: Strategic Patent Management - Foreign automotive companies often begin patent layout in target markets 1-2 years prior to entry, focusing on core technologies to create barriers and prepare for cross-licensing negotiations [8]. - Companies monitor patent dynamics in target markets to identify potential "patent traps" and adjust their technology strategies accordingly [8]. Group 4: Shifting Competitive Dynamics - The traditional patent environment often leads to zero-sum games, but patent cross-licensing fosters a new competitive ecosystem, allowing companies to collaborate rather than compete destructively [9]. - Tesla's open electric vehicle patents have attracted numerous companies, promoting technological advancement and reducing individual R&D costs through shared technology [9]. Group 5: Innovation and Market Order - Patent cross-licensing is seen as a key "lubricant" for maintaining market order and facilitating innovation in the global automotive industry [10]. - Companies are advised to adopt a proactive approach to patent management, establishing a robust intellectual property management system that includes both defensive and offensive strategies [10][11]. Group 6: Cross-Departmental Collaboration - Automotive companies should form cross-departmental teams comprising technical experts, lawyers, and patent analysts to better navigate the complexities of global patent laws and regulations [11]. - The integration of intellectual property protection with technological innovation is essential for companies aiming to expand in international markets [11].
用专利交叉许可推动破解“内卷式”竞争(创新谈)
Ren Min Ri Bao· 2025-04-27 22:11
Core Viewpoint - Innovation and the establishment of a technological "moat" are essential for companies to effectively balance cooperation and competition, leveraging intellectual property tools to build competitive advantages in both domestic and international technology markets [1][3]. Group 1: Patent Cross-Licensing - Patent cross-licensing is increasingly favored by companies as a collaborative approach that allows mutual use of patented technologies, thereby reducing costs and promoting technological exchange [1][2]. - The agreement between OPPO and Panasonic in January, covering essential patents for cellular communication, exemplifies the growing trend of patent cross-licensing among major companies [1]. - Companies like Huawei, Xiaomi, and Longi Green Energy are actively promoting patent cross-licensing initiatives, indicating a shift towards collaborative innovation [1]. Group 2: Importance of Intellectual Property - Intellectual property serves as a crucial engine for technological cooperation, especially in technology-intensive industries where cross-technology phenomena are prevalent [2]. - The adoption of patent cross-licensing can help mitigate "involution" competition and promote a healthier competitive ecosystem, aligning industry upgrades with national market construction [2]. - Globally, patent cross-licensing has become an integral part of knowledge property cooperation, with domestic companies increasingly engaging with international firms like Samsung and Nokia [2]. Group 3: China's Innovation Landscape - The rise of patent cross-licensing in China is closely linked to the country's accelerating innovation pace and its improving position in the global innovation ecosystem [3]. - Chinese enterprises and institutions are now prominent players in international patent applications, reflecting their status as high-value patent holders and contributors to mainstream industry standards [3]. - The transition from a knowledge property giant to a strong nation emphasizes the growing application value of patent cross-licensing, encouraging companies to respect market rules and engage in healthy competition [3].