315 Gathering: LED Lighting Professionals Speak Out Against Infringement
Published Time:
2021-08-03
March 15th marks another annual "Consumer Rights Day." For those in the lighting industry, copyright infringement such as "fixture plagiarism," "counterfeiting," "rights protection," "design fee arrears," and "project payment arrears" has become commonplace. Some choose silence, while others choose to fight back with legal means. On this March 15th, we delve into the lighting industry community to understand the infringement issues they have faced, their perspectives on these issues, and how they protect their rights.
March 15th, the annual "Consumer Rights Day", has become synonymous with copyright infringement for those in the lighting industry. Incidents such as product copying, counterfeiting, legal disputes, unpaid design fees, and overdue project payments have become commonplace. Some choose silence, while others fight back legally. On this March 15th, we delve into the lighting industry to understand the infringement issues faced, perspectives held, and methods used to protect their rights.
Xu Faqing, Chairman of Guangzhou Dasen Lighting Co., Ltd.:
Dasen Lighting started in stage lighting. Through hard work, we've established a market presence and faced significant product copying. Another major issue is the difficulty in collecting payments for lighting projects. I hope the lighting industry, including stage and landscape lighting, will see fair competition, even if it's just incremental innovation. Direct copying is unacceptable.
Dasen is strengthening its intellectual property protection by actively applying for patents on products and technologies. However, relying solely on legal action and patents for growth is insufficient. I believe it's more important to transform the pressure of fair competition into motivation for progress.
Ni Zhen, Lighting Design Director of Shanghai Chanying Lighting Design Co., Ltd.:
I once experienced design theft. With no recourse for complaints, I had to resort to self-protection by adding a logo to my later works.
Gao Feng, Director of the Lighting Design Institute, China New Building Engineering Corporation:
Copyright infringement is widespread for Chinese designers. Designers lack awareness of protecting their work, contractors don't value design copyrights, and clients disregard them, leaving designers in a difficult position during project implementation.
Initially, clients respect designers, valuing creativity and cost-effectiveness. However, during implementation, cost-cutting measures, tight deadlines, and complex processes, lead some contractors to maximize profits by altering the design. The final product may only share 60% similarity with the original, or even be a direct replacement, resulting in a mismatch between design plans and the finished project. Delays or non-payment of design fees are common.
Tight developer funding and unscrupulous clients can cause delays or non-payment of design fees. Designers are often helpless, as overdue payments are usually the final installment (5%-20% of the total), and contract terms typically require completion of installation or final acceptance, leaving limited leverage. We can only rely on good service to persuade clients, approaching them with enthusiasm, hoping for timely payment according to the contract.
Peng Yinshui, General Manager of Romney Optoelectronic System Technology (Guangdong) Co., Ltd.:
Imitation and infringement are inevitable stages for developing countries. In recent years, intellectual property awareness has increased, with more companies pursuing legal action. We've faced infringement on several product lines and are actively defending our rights, suing several companies, including some listed ones. We want to contribute to a cleaner industry environment. We urge listed companies to invest more in R&D, to lead the industry, and refrain from simply rebranding and using their channels and brands to harm innovative companies; such practices will ultimately have consequences.
Wen De, General Manager of Shenzhen Jielisai Lighting Co., Ltd.:
Copying is common in the lighting industry, particularly for engineering-focused manufacturers. Newly developed products are often copied rapidly. Our project for the Shenyang Poly Grand Theatre was severely infringed upon; the custom-designed lighting was copied by another manufacturer who used our design drawings and quickly registered a new patent. The infringing company subsequently changed its name, preventing us from appealing, resulting in substantial losses.
I am furious about the infringement and want to sue, but the time and cost of legal action and evidence gathering are prohibitive. Currently, manufacturers can only avoid working with malicious infringers.
Gong Haiyan, Deputy General Manager of Foshan Yinghe Lanjing Lighting Electrical Appliance Co., Ltd.:
Yinghe Lighting has always focused on independent innovation, with many new products and patented technologies each year, leading to frequent copying and infringement. I believe that those who copy and infringe lack innovative spirit and capabilities; copying alone cannot ensure market success.
Independent R&D and innovation are essential for business development. We strictly combat infringement and have successfully resolved many cases through legal channels. By strengthening our own development and R&D capabilities, we aim to remain imitated but never surpassed!
On this "March 15th Consumer Rights Day," we see many diligent product and design companies and individuals facing frequent copying and infringement. We urge lighting industry members to reject dishonest clients and copying, to protect their rights, break the silence, and hold infringers accountable. Let's create a healthy and orderly industry ecosystem, allowing this sunrise industry to thrive in a fair competitive environment!
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