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Chapter 2: Corporate Self-Rescue Guide: Winning the Intellectual Property War with Tesla/Huawei Tactics
2025-04-23 | 发布于：赛立信
	
		Opening Gag

"Yesterday I was laughing at others being sued, today a lawyer's letter is at my doorstep" — A late-night social media post from a cross-border e-commerce boss.
	
		In the previous article, we witnessed the impact of AI creation, global patents, and the metaverse ( Click to review the previous article). Today, we'll dive straight into practical solutions, distilling "self-defense tactics" for small and medium-sized enterprises (SMEs) from the real-world strategies of giants like Tesla and Huawei.
	
		I. Learning from the Giants: 3 Textbook Cases
	
		Case 1: Tesla's "Free Trap"
	
		Timeline:

June 2014: Announced the "opening of all electric vehicle patents" (a total of 387 patents).

Hidden clause: Using the patents required adopting its charging standard (NACS).

Results by 2023:
	
				92% of North American automakers connected to Tesla's charging network.
			
				The charging business was valued at over 50 billion US dollars.
			
		What SMEs Can Replicate:
	
				Conditionally share core patents within industry alliances.
			
				Exchange patents for a say in industry standards.
			
		Case 2: Huawei's "Patent Guerrilla Warfare"
	
		Key Actions:
	
				Established the "Future IP Lab" in Germany in 2021.
			
				Focus Areas:
			
						AI-generated patents (127 produced so far).
					
						Blockchain-based evidence system.
					
				Achievements: Ranked first on the EU patent list in 2023.
			
		Practical Suggestions:
	
				Companies with annual revenue over 100 million can set up a dedicated IP team.
			
				Focus on AI + blockchain rights confirmation technology.
			
		Case 3: LV's Metaverse "Digital Hunter"
	
		Team Configuration:
	
				12 programmers (tracking NFT infringement).
			
				8 former criminal police officers (investigating physical counterfeits).
			
				10 appraisers (authenticating genuine vs. fake products).
			
		Technical Tools:
	
				AURA System: Blockchain records the flow of each product.
			
				AI Eagle Eye: Real-time scanning of over 50 global e-commerce platforms.
			
		Low-Cost Alternatives:
	
				Use Alibaba's Original Protection Platform (annual fee of 2,999 yuan).
			
				Join the cross-border e-commerce joint anti-counterfeiting initiative (free).
			
		II. Intellectual Property Survival Plan for SMEs
	
		Basic Protection Package
	
		Trademark Protection:
	
				International Registration: Cover major export countries through the Madrid System.
			
						Advantage: One application effective in multiple countries.
					
						Note: Fees vary based on the number of target countries.
					
				Domestic Full-Class Registration: Basic protection across all 45 categories.
			
						Policy Benefit: Small and micro enterprises can apply for fee reductions.
					
		AI Content Compliance:
	
				Use commercial AI tools (e.g., Midjourney Pro).
			
				Self-built AI models must comply with open-source agreements (e.g., CreativeML license for Stable Diffusion).
			
		Enhanced Protection Package
	
		Patent Defense System:
	
				Dual-Track Evidence:
			
						Regular application with the National Patent Office.
					
						Immediate evidence on judicial blockchain (recommended platforms recognized by courts).
					
				Cross-Border Legal Support:
			
						Sign with law firms specializing in target markets.
					
						Join industry IP alliances.
					
		III. 2025 Must-Do List (Sorted by Urgency)
	
		Urgent Items (Within 1 Month):
	
				Check the copyright status of the official website and AI promotional images.
			
				Complete IP filing on major e-commerce platforms.
			
				Blockchain evidence for core trademarks.
			
		Strategic Items (Within 6 Months):
	
				Develop an "AI Usage Compliance Manual."
			
				Join industry patent pools (e.g., IoT, new energy).
			
				Train 1-2 legal staff who understand technology.
			
		Long-Term Items (1-3 Years):
	
				Metaverse trademark layout (for virtual goods).
			
				Establish an AI invention management system.
			
				Quarterly IP health checks.
			
		Hard-Learned Lesson: A power bank manufacturer, due to not having evidence of its original design, was counter-sued by a knockoff merchant and lost an 8 million yuan order.
	
		Ultimate Test: Can Your Company Pass?

If the following happens tomorrow:

Counterfeit products appear overseas.

 Employees are sued for infringement when using AI for drawing.

Metaverse store is copied.
	
		Can you immediately come up with a ______ solution? (Feel free to fill in the blank in the comments section.)