| dc.description.abstract | With global economic development, consumers demand diversity and fast variation, so technological development must respond to such a demand rapidly. All countries in the world lay stress more and more on technological innovation and protection; therefore, intellectual property rights (IPR) have further become a crux to influence enterprises’ competitiveness. The original purpose of the IPR is to protect inventors’ rights. Nevertheless, IPR have become an approach for enterprises to block the competitors from their market. Enterprises secure patents not only through merging other companies or their divisions but also filing the infringement lawsuit against their competitors intervening in the markets of these enterprises. This is, indeed, an inevitable development in the globalized commercial battlefield.
Our technological industries are traditionally oriented toward contractual manufacture, and pay less attention on the technology patent protection, resulting in many issues following hard at heel, e.g. large international enterprises demand entitlement premium, or file a lawsuit of infringement mostly concerned with intellectual rights, while our industries are managing to transform and found their own brand. Enumerate the LED industry as an instance, such an industry is started quite late in Taiwan, so the patents of critical accessories and materials are largely controlled by American or Japanese companies. Not until Nichia (a chemical company) deployed a tight patent net to protect its pioneering technology on LED, has the company filed a suit against the domestic manufacturers such as EVERLIGHT, HARVATEK . If an enterprise is not equipped with a certain scale, it will be very difficult for it to face the truculent patent war launched by international companies, surviving in the protracted lawsuit.
Positioning in the harsh competitive environment, how an enterprise’s managers to establish a new thought to govern his IPR that would not be influenced by competitor’s IPR has become an issue worthy of exploring and researching, or a critical factor for the enterprise to propose a responding strategy on time, forestall the patent layout effectively, and enhance the enterprise’s competitiveness to contend with the lawsuit of patent and infringement within the domain of valid patent. Therefore, this study is in an attempt to explore the boundary of valid patent and the priority right through the case of patent infringement that KENLY sued the I-CHIUN , together with the legal precedent made by advanced countries worldwide. It is an effective strategy to restrain patent validity that has been used in the lawsuit of patent infringement in pragmatic practice. Basic upon analyzed result of the individual case, this study presents a proposal for domestic enterprise, and able to apply it onto patent’s strategic layout. We expect that this proposal may help enterprises in comprehending how to face lawsuit, and further to establish a new appearance of managing IPR in the future. | en_US |