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Following vivo, OPPO have signed Qualcomm, Meizu how to do?

via:博客园     time:2016/8/9 17:08:34     readed:1633

继继 vivo、OPPO 纷纷签约高通后,魅族该怎么办?

Following the OPPO, vivo also choose to sign Qualcomm.

Recently, Qualcomm (Qualcomm) and Weaver Mobile Communication Co., Ltd. (vivo) announced that they have reached a new 3G and 4G Chinese patent license agreement. Under the terms of the agreement, Qualcomm granted vivo development, 3G WCDMA and CDMA2000 manufacturing and sales in China and the use of 4GLTE (including & ldquo; GSM, TD-SCDMA and LTE-TDD; tri-mode & rdquo) to pay patent licensing complete equipment.

Experienced domestic antitrust investigation storms Qualcomm, after active rectification in accordance with antitrust authorities, has been with, including Huawei, ZTE, TCL, millet, odd cool, Tianyu, Haier, Lenovo, Gree, Cool and OPPO, etc. the more than 110 the number of domestic mobile phone manufacturers, parts manufacturers, module manufacturers to reach a new patent license agreement.

That list, covering almost all the major mobile phone manufacturers, indicating that the domestic mobile phone industry is respected, recognized the value of IP environment is emerging.

Of course, not all of the domestic mobile phone manufacturers have already been reached with the Qualcomm new agreement, there are very few manufacturers are still & ldquo; entangled & rdquo; or & ldquo; wait and see & rdquo ;, which Meizu due to long-term abuse and & ldquo; arrears & rdquo; then Qualcomm was initiated 18 patent-related lawsuits within two weeks.

Then, when the vast majority of manufacturers have chosen again to reach an agreement with Qualcomm, the biggest suspense that: Meizu will continue to select & ldquo; fight & rdquo ;? Or will return to reason and Qualcomm entered into a collaboration it?

Patent scale: the number of applications but not as Meizu vivo importance of intellectual property rights

Simple comparison of the size of the patent, vivo compared with Meizu is not dominant.

Statistics from the State Intellectual Property Office website show that as of August 8, 2016, Meizu patent applications filed, the inventors published number 641, the number of authorized 29 invention, utility model number 45, design number 163 .

At the same time, as of August 8, 2016, patent applications filed Weaver Mobile Communication Co., the invention discloses the number of 563, a number of licenses invention, utility model number 112, number 28 designs.

By contrast it can be seen in the number of published invention, invention and design authorization number in several areas, stronger than the Meizu vivo, however, in terms of the number of utility model, vivo is 3.9 times Meizu.

It should be noted, born backgammon vivo system, the aforementioned patent application contains only the number of Weaver Mobile Limited and its direct application on behalf of, the application does not contain relevant vivo before independence, has been submitted backgammon.

Business registration information display, Weaver Mobile Communication Co., Ltd. was established in June 2010, seven years later than the Meizu Founded Time.

However, from the initial submission of the patent applications, vivo was established one year for a long time, in March 2012 submitted its first application for invention patents, established three years for a long time, in December 2013 and January 2014, respectively, submitted The first utility model patents and design patent applications.

In contrast Meizu, the first pieces of invention patents, utility model patents and design application submission time was in December 2007, April 2010 and January 2004, respectively, in the first five years of its existence the company after the first 8 years and the first 2 years.

Thus, from the patent application and protection awareness, the late start vivo lot stronger than the Meizu, meanwhile, started late in vivo of the invention and utility model application published scale catch or significantly more than the Meizu, also shows vivo technology research and development and patent portfolio investment stronger than some of Meizu.

It is worth mentioning that in the smart phone industry competition heating up,Only increase R & D, ahead of the layout of patents and participation in standards development, be possible to win the initiative in the future 5G era.

While vivo started later than charm, but not in the sense of competition has been limited to & ldquo; & rdquo ;, marketing but to seek balanced development of technology, marketing and channels, enhance their competitiveness.

Alternative Meizu: CeBIT exhibition once Withdraw & ldquo; Pengci & rdquo; tasted the sweetness of apples

In fact, the Meizu founded in 2003, starting at the beginning is to do MP3, MP4 player. When iPhone set off a new wave of smartphones, it began to turn into the smart phone industry. However, whether it is done early MP3, MP4, or is later make a transition smartphones,Intellectual property, particularly patents enough awe and respect, has been the biggest Meizu & ldquo; & rdquo ;. Mishap

March 5, 2008, in the German CeBIT (information and communications technology fair) exhibition, due to alleged patent infringement, and Meizu M8 phone booth by the local police & ldquo; & rdquo ;. check

Meizu booth was reason to be & ldquo; & rdquo ;, check because hold MP3 and MPEG file formats and other related patents company Sisvel launched a related infringement complaint. And around the MP3 patent infringement dispute, Meizu worked with Sisvel company many rounds of patent licensing negotiations, however, the choice was Meizu also refused to pay patent licensing fees.

Then, around the Meizu M8 smartphone sales and marketing, Meizu has also & ldquo; Pengci & rdquo; apples. In fact, the Meizu M8 from the outset been questioned Designs & ldquo; plagiarize & rdquo; the design of the Apple iPhone.

According to media reports, in 2010, the founder of yellow Meizu chapter in the Meizu forum has said that the intellectual property department and forced Apple pressure, M8 will be held in October that year to stop selling.

At that time, Steve Jobs design for a suspected Meizu phone appearance reply infringing content: & ldquo; because they stole our ideas and intellectual property. & Rdquo; "Becausethey stole our ideas and intellectual property.", Since only a short sentence, was also caused widespread concern.

Meizu seems to occasion some of the alleged patent infringement dispute to the domestic mobile phone itself, once the hype and get a better return on marketing. Clearly, both in the MP3 era, starting at the beginning or smartphone, Meizu seems to have do not pay attention, do not respect the tendency of intellectual property, in addition, the original Meizu & ldquo; Mishap & rdquo; patent infringement, its use is also to be self important gimmicks speculation.

Qualcomm arrears: deep 18 patent-related litigation Meizu still & ldquo; Play Marketing & rdquo;

June 23, because of long-outstanding Qualcomm royalties, Meizu is Qualcomm sued Beijing Intellectual Property Court, claims 520 million yuan. However, after Qualcomm sued Meizu, Meizu does not seem to take the initiative, in consultation with Qualcomm, but opened the brief conference.

Meizu claims that long-outstanding royalties responsibility does not end at the Meizu, but Qualcomm, because Qualcomm to negotiate and sincerity and patent fees unequal and unreasonable.

Obviously, this & ldquo; Pengci & rdquo; and practice in the early years of the Meizu MP3 patent dispute Apple's iPhone and design disputes practice & ldquo; & rdquo ;. same However, the Meizu take long & ldquo; delays war & rdquo; and & ldquo; & rdquo ;, Sadness licensing Qualcomm seems no longer willing to waste any more words, but choose to initiate an action to respond.

A week later, on June 30, Qualcomm will again Meizu were taken to Beijing and Shanghai Intellectual Property Court intellectual property court, alleged violations of the Meizu Qualcomm (Qualcomm) covering a variety of functions and smart phone technology patents, including 3G (WCDMA and CDMA2000) and 4G (LTE) wireless communications standards-related patents, the two were lifted nine and eight patent infringement litigation, claims totaling 17 million yuan.

Obviously, when Huawei, ZTE, OPPO, etc. continuing to invest heavily engaged in research and development, patents or participate in the standard layout when standards to individual manufacturers Meizu, represented by the heart beat of thinking how to seize the air seems to make quick money can be secured.

Dumunanzhi: & ldquo; Pengci & rdquo; after Meizu will continue arrears? Or choose to pay?

In the previous communication at Meizu, Meizu the one hand that the patent license agreement Qualcomm provides is & ldquo; black box & rdquo ;, alleged violations of & ldquo; fair, reasonable and non-discriminatory licensing obligations & rdquo ;.

On the other hand, it said in a media interview, said & ldquo; We and OPPO, VIVO has not signed, the two high shipments. It can easily differentiate after being separately. In Meizu standpoint, Meizu is relatively a little bit chips, because we do not rely on Qualcomm, we certainly want to talk about it. & Rdquo;

Original Meizu Communication conference, mentioned OPPO, vivo do not know & ldquo; & rdquo ;, gun lying or intentionally misleading Meizu media.

Now, with the OPPO, vivo successively signed a new patent license agreement with Qualcomm, we do not know Meizu will choose & ldquo; & rdquo ;, to carry the dead in the end or & ldquo; & rdquo ;? bury the hatchet

In fact, whether or OPPO vivo, we have repeatedly stressed that he and Qualcomm are partners for many years, have cooperation in many fields.

Meizu alone highlighted that he is & ldquo; probably unique not rely on Qualcomm bigger and stronger enterprise & rdquo ;, but the problem lies:Meizu can not Qualcomm chips, but make smart phones, and will definitely use Qualcomm's patents.This and other early MP3 patent dispute, Meizu has been using the patent to others, but not willing to pay the same.

At present, whether it is & ldquo; Made in China 2025 & rdquo ;, or & ldquo; public entrepreneurship and innovation, & rdquo ;, or is & ldquo; Internet + & rdquo; plan of action, are inseparable from the patent represented by intellectual property rights do support, innovative products or mode in order to obtain protection, participate in international competition, we need to patents and other intellectual property rights regime escort.

Obviously, whether it is macroeconomic policy, or industry trends, or market competition, Meizu seems to have fallen into & ldquo; dumunanzhi & rdquo; embarrassment. Therefore, the Meizu is concerned, since it has been the success of & ldquo; & rdquo ;, then Pengci, then select reached a settlement with Qualcomm, the agreement is not signed, not without possible.

(Original title: vivo, OPPO signing Qualcomm awkward Meizu & ldquo; dumunanzhi & rdquo;)

[Titanium Media Research: China University of Politics and Intellectual Property Research Center researcher Li Junhui special, long concerned about the Internet, e-commerce, intellectual property rights and related policies, legal and regulatory issues. E-mail: lijunhui0602 # 163.com, Micro Signal: lijunhui0602, micro-channel public number: lijunhui0507]

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