Wednesday, October 20, 2010

TD Qualcomm patents and intellectual demands of unwise


From the 3G global perspective, the greatest weight is not a core technology, but the whole control of the market. Chinese government to choose which standards as the mainstream 3G standard, is forced to lower the standard of foreign royalty killer. China's vast 3G market itself has a powerful voice, which no multinational giant in front of the Chinese 3G market, the reasons are not too overbearing

Recently, TD-SCDMA 顥?(hereinafter referred to as TD) of the patent issues into the national spotlight once again. This topic is provoking the U.S. communications giant Qualcomm, Jing Wang, president of its Asia-Pacific region aimed at China 3G licenses issued has been reluctant to arrest led to development of the domestic telecom industry has been four years and said ZTE and Huawei did not receive high through patent licensing.

In fact, Qualcomm's domineering in the communications industry is not news, this high-profile Qualcomm filed a patent for the TD issue was viewed by many as its sub-cake eating ambition 浣跨劧 TD. But the warning against Qualcomm, TD League Secretary General, said Yang Hua, respond immediately, TD core patents in TD Alliance, equipment manufacturers do not need high-pass authorization. TD patent problem seems to be confusing.

A long-standing controversy

It is understood, was designated as domestic 3G standard TD is Datang Mobile Communications Equipment Co., Ltd. R & D become, as some uses Qualcomm's CDMA patents, which Qualcomm has been eyeing alliance with Qualcomm, TD respective TD the ratio of the share of patents confirm the existence of large differences.

From the beginning of 2002, Datang has several conflicts with the high-pass, high pass evasive, has vied. Late last year, Qualcomm CEO Paul Jacobs, the face of the domestic media to show the attitude of unwavering tone, "Qualcomm is now deeply involved in the TD time." Meng, president of Qualcomm China, Park made it clear that "As long as there is a suffix of CDMA technology, has our patent." This attitude is obviously came for the TD.

It is reported that Chinese authorities have long been with Qualcomm patents consultations TD, but a separate high-pass requirements in consultation with business, rather than in consultation with the TD League, and Qualcomm royalties required level of the other two 3G standards CDMA2000 and WCDMA fairly, or about 5% of mobile phone factory price, but the TD Union only willing to accept the 3% royalties.

TD Industry Alliance, Yang Hua, Secretary-General stressed, TD basic technologies and standards proposed by the Chinese enterprises have been accepted by ITU, so in the TD core patents, domestic enterprises have a dominant position, but said Qualcomm royalties, "TD not included. "

Not difficult to see the patent issues surrounding the TD Qualcomm has never let go, just waiting for the best time to stir up this issue a high profile. Although Business is business, Qualcomm seems quite reasonable, but the practice of seizing the patents have been tightly held in contempt by the industry, also contributed to the slow development of CDMA worldwide a major cause. Of course, it also provided for the development of China's TD, a wake, or we need to address patent issues, to be prepared not only to avoid future passive, and even prevent the development of risk faced after the 3G launch.

Qualcomm patent issue is the nature of Shiran provoke

As a living by charging royalties communications company Qualcomm in 3G technology currently has 3,000 patents. Earlier, Qualcomm CDMA patents have been successfully promoting business in South Korea, after Hong Kong to become another success story. But now South Korean carriers are now more concentrated on the WCDMA / HSDPA on. Even in the U.S., CDMA can say they stick city. In the WCDMA camp, the world's more than 100 commercial HSDPA networks have been realized.

While Qualcomm's patents on TD has been the veiled, but choose to enlarge Now the issue can not say quite profound meaning, according to authorities forecast that China 3G equipment market of about 600 billion systems, mobile phones and business market capacity of 4 .6 trillion, the two together more than 5 trillion. Such a huge market about to start, as long as the global giant with straight major errors are not resist the temptation business.

Moreover, the high standard of financial communication is made, every inch of the patent licensing issues. Back in 1997, in order to compete for CDMA patents, Qualcomm and Ericsson conducted more than two years of litigation and counter litigation; in 1998, the United States and Europe in order to apply for a key technology of CDMA patents, Qualcomm at all price for 3 years playing with the Nokia case, eventually granted a patent license agreement with each other to keep this franchise.

In view of this, Qualcomm is not overwhelmed by sudden moves hinder the purpose of TD development, but in China's 3G market share of the huge cup of hearty soup.

But there are also the industry that Qualcomm is now eager to show that China's 3G TD licensing decisions and views, but seemed rather out of date. On the one hand, TD industry in the country and did not scale, high-profile exposure to patent fees at this time thought too hasty, the inevitable result will be eager to stop the footsteps of those who missed the opportunity to collect royalties in the future. On the other hand, no judgments of a government of the industries major decision on foreign companies, that is a very unwise.

Qualcomm accused for the SASAC research center of the new Deputy Minister Lu Qijun industry says that the 3G policy, the Chinese government maintained a sufficient reason, but the idea has been very clear, "The Government supports all major standards, but there are priorities divided. "

China's 3G market, once started, it will be amazing opportunities implication, therefore, camouflage from around the many multinational giants, but how to enter the Chinese market, China can continue to reap the benefits of 3G industry is also an art.

China's 3G market itself to master a powerful voice

TD patent issues by negotiating a good way of course is a bargain, but the hands must hold the heavyweight weight. From the global perspective, the greatest weight is not a core technology, but the whole control of the market. Chinese government to choose which standards as the mainstream 3G standard, is forced to lower the standard of foreign royalty killer. Balance the interests of all parties relying on the market, can reduce the importance of foreign patents, but also improve the TD of the bargaining chips.

For Qualcomm, the CDMA technology, Qualcomm made in the technology accumulation should be respected. However, the ultimate goal of protection of intellectual property should be to promote industry innovation and technology upgrading. However, the high pass on the abuse of patent rights, in fact damaged the communications industry's sustained and healthy development, which is the world's prevailing philosophy is contrary to intellectual property protection.

Specifically expressed in one hand, patent fees are too high, an increase of manufacturing cost pressures may result in a selection of other technical standards for manufacturing companies, after all, the market is not an exclusive high-pass. On the other hand, in the course of the patent over the use of closed, resulting in the technology itself can not be sustained accumulation of industry, it can not continue to promote technical improvement.

China's vast 3G market itself has a powerful voice, which no multinational giant in front of the Chinese 3G market, the reason can not be too overbearing. The most important is that the Government how to make use of such fundamental bargaining chip, so in consultation with the transnational giants seize the initiative to resolve patent issues.






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