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- Chinese rare earth enterprises prepare for the United States (ITC) 337 investigations Published??2012??09??27??
- Recently, ITC based on the application of the Hitachi Metals of Japan and its affiliates Hitachi Metals North Carolina company, officially launched the 337 survey of 29 enterprises in China, the U.S., Germany and Austria.
Hitachi Metals, the 29 enterprises to export to the U.S. market some of its products infringe sintered NdFeB material (in the U.S. market, a Rare Earth New Materials) patent request on August 17 ITC for these violations immediately investigation identified acts in violation of Section 337 of the above-mentioned companies and issued a general exclusion order prohibiting these companies all infringement of the patent involved sintered rare earth magnets containing infringement sintered rare earth magnet audio equipment, power tools, motors, electronic circuit parts, auto parts and sports accessories to enter the United States.
The case involved a total of four, are Yantai Zhenghai Magnetic Materials Co., Ltd., Ningbo Jinji NdFeB magnetic material Co., Ltd., New Materials Co., Ltd. and Anhui earth bears Techtronic Industries Limited.
In this regard, the Zhenghai Magnets announcement, even if the market in the United States in 2014, Hitachi Metals the NdFeB basic ingredients patents expire, the company plans to fully open the international market also may be affected by the case impact can not be achieved. The announcement also pointed out that, after a preliminary analysis, the company did not violate the Hitachi Metals, the above-mentioned patent, and will actively respond to the 337 investigation.
Reporter access to Hitachi Metals, released in April 2007 about the NdFeB patent "description. The period of validity of the patent in the U.S. market from April 1, 2007 to July 2014. The data show that 11 companies from Japan, the United States, Germany, Finland and China to buy Hitachi Metals NdFeB patent. Five Chinese companies, including the three listed companies Zhong Ke San Huan, Aetna technology, of Ningbo Yunsheng well GoldMag Magnetics power Technology Co., Ltd., Beijing silver Na Jinke Technology Development Co., Ltd..
Technical counter
China Rare Earth Association Deputy Secretary-General Chen Zhanheng told this reporter that the case in Japan want to control through technology to counter China's control on the export of rare earth materials.
China to more than 90% of the world supply of rare earth materials, and technical control of the high-end products of rare earth downstream clutched in the hands of the Japanese.
Involving the 337 survey of sintered Nd-Fe-B, is one of the important class of rare earth downstream applications.
Baotou Jinshan Magnetic Material Co., Ltd., Shanxi the magnetics Union chairman Jin Shusen said to the reporter, China NdFeB many in the low-end levels, mainly exported to Europe, Southeast Asia and the United States, exports to Japan rarely. Because Japan itself is NdFeB main producing countries, the annual production of 10,000 to 20,000 tons, enough for personal use, and the Japanese market is very demanding, no foreign companies to buy its patent patent can not be exported to Japan. Hitachi Metals in Europe NdFeB patent expiration in 2004, Europe has become an important export market of China NdFeB.
Reporters learned that Japan relies on China's rare earth raw materials and intermediate alloy, and then exported to other countries to produce high quality magnet.
"They only need China's rare earth raw materials and markets." Chen Zhanheng said, "This time, Hitachi Metals requests ITC for sintered NdFeB products in China initiated 337 investigations, want technology to counter China's control on the export of rare earth materials. They think If China can not produce NdFeB sell only rare earth materials. "
The Zhong Ke San Huan and other large enterprises have the right to use the patent, the annual export volume of 50% to 60% of the supply of the U.S. market, while Japan has long can think of the application market as much as possible throughout the patent, and continue to enrich update suppress the efforts of other countries want to gain market share and technology to control the market.
The idea of different
"Hitachi Metals may apply for a patent extension." Said Jin Shusen, which the NdFeB industry as a whole is unfavorable news.
China has more than 390 NdFeB production enterprises, NdFeB patent rights but bought only five.
Insiders told reporters who asked not to be named, said, the most enterprises affiliated enterprises have the right to use the patent exports to the United States and Japan. These companies need to pay some of the costs, export clearance replace the product label.
The a purchase NdFeB patent right to use corporate insiders told reporters, some companies do not want to export affiliated. "For this reason it is possible that the patent term is about to have to start their own export enterprise." An magnetics experts told reporters.
Another reason is, there are companies doing to strengthen research and development to prepare, consider applying for patents.
Downstream companies seeking ways to break the export of technology blockade. Jinshu Sen hopeful that the respondent 337 survey victorious.
NdFeB patent is a process patent, unlike invention patent as a registered other stores you can not use. "Jinshu Sen said.
According to the object of two of China's Patent Law, Patent Law, including inventions, utility models and designs of three. Process patent is the second utility model patents.
The industry source said that as long as the involved Chinese companies can prove without Japanese patent can also produce the same product, or be able to prove that unique commercial operation to produce products such as raw materials, equipment, there is in favor of the possible.
However, the reporter has learned that several Chinese companies have the right to use the patent on the 337 investigation different attitude. They endorsed the purchase of patents and benefit from this.
After the patent expired, the original "undocumented" likely head-on, the previously limited and did not have the market share. Lost a patent right to use "protective film", you have to worry about the orders to be carved up so narrow.
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