Analysis Of Tactics Of Intellectual Property Rights In Case Huawei V. Motorola

Charm of the intangible value of Intellectual property rights had greatly attracted the multinational company to apply and protect their own interests. The role and nature of the traditional intellectual property rights protection system is as sayings by Lincoln:"Add the firewood of interest to the fame of the genius creativity.". The protection of intellectual property is to protect the exist right of intellectual property on one hand, on the other hand, it also to give the inventor the passion and power to new creations. In the current situation, the intellectual property protection is not only a protect itself, but was promoted to the intellectual property rights strategy height. It became effective means used by multinational company to blow rivals’market share, deterrent opponents and possess the intellectual property rights. Chinese enterprises should have the consciousness of strategy of the intellectual property rights. Before, the domestic research field related about infringement of intellectual property is always dealing with the litigation made by at the head of Europe and the United States foreign country, to actively respond to mention is, this case for its success can actively respond to providing the practice of classic case. And, in this case, Huawei sue to protect the intellectual property rights as the third party of cross-border mergers, there is also a new significance success.In the process of Nokia-Siemens purchase MOTOROLA radio communication department, MOTOROLA filed a lawsuit against Huawei of the infringement of the intellectual property rights in the Illinois North District Court of United States, in order to thoroughly solve Huawei’s commercial technology secret and paten transfer problem involved during ten years’cooperation, also help Nokia-Siemens get the north American market. Before, the developed countries quite criticize the developing countries in intellectual property rights protection, disconsider the intellectual property rights of developing countries, and Huawei won the case eventually, which had greatly influence the last purchase price of the transaction between Nokia-Siemens and MOTOROLA, hit back the strategic attempt of preventing Huawei from developing in north American, to respond to the criticism of China’s intellectual property protection made by the developed countries,and won Huawei a reputation in North America.The first part of this paper is introduction, which briefly introduces the research and practical significance of case Huawei v. MOTOROLA. Chapter One is brief review of case Huawei v. Motorola of the dispute of intellectual property rights, including the introduced of the background of the transaction between Nokia-Siemens. In the second chapter, there is analysis of the case from the height of the litigation tactics of the intellectual property rights. In the third chapter, there is the revelation of case Huawei v. MOTOROLA, mainly elaborates the importance of the investigation of intellectual property rights, strengthening the cooperation between enterprise affair personnel and foreign law institutions, as well as the importance of the settlement of the litigation. The last chapter is the conclusion.