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Protecting your hardware IP in China: Practical experience

February 4, 2010

While visiting at Lantronix I had a conversation with Daryl Miller, VP of engineering, about the company’s challenges in dealing with protection of their intellectual property (IP). Not to put too fine a point on it, to protect their products from being ripped off by Chinese companies. It’s still the wild and wooly west there when it comes to patent protection.

He made these points:

“1. Patent enforcement in China has slightly improved from terrible to bad (our attorney’s words). This has been our experience as well as that of our patent attorneys.

2. We have had entire products knocked off in China along with the firmware stolen and ‘tweaked’ to show a Chinese business name instead of Lantronix. These businesses have found ways to ‘steal’ our exact PCB artwork from contract manufacturers in the past. Our best efforts have kept these products out of Europe, US, and Japan but trying to control sales within China has not been possible.

3. More recently we have seen products out of China from several companies replicating our XPort. This is in spite of worldwide patent protection including China, Taiwan, etc. So far we have been able to make little impact on this infringement beyond restricting export.

4. One of the best ways to slow this knocking off of products is by using proprietary silicon inside the products.”

By the way, Daryl has started blogging on the Lantronix website.

Posted by Margery Conner on February 4, 2010 | Comments (10)

February 11, 2010
In response to: Protecting your hardware IP in China: Practical experience
Dan commented:

This is why we have our own SMT assembly machine. The board with our "secret sauce" is made in our own building in California and we load our firmware in it here. We only get the Chinese to build it to the low tech part and they get a dummy board to allow them to test that part of it. A dummy board that merely bypasses the functionality. Yes, this costs us more but we have never had a knockoff since we started making it this way, allowing us to avoid a race to the bottom and to maintain margins. We make more money overall.


February 11, 2010
In response to: Protecting your hardware IP in China: Practical experience
Rolando commented:

It is a pipedream that any human invention can be protected by patents for very long. Whatever one human invents, he is depending on the ideas and environment of the problem so that he depends on the ideas of many others who may have only dropped a comment while he was thinking. Even Einstein admitted that most of the thinking that preceded General Relativity was done by many of his contemporaries including his cousin Emmy in numberous letters. He merely put the pieces together. Chinese discovered the wheelbarrow, iron weapons and tools, and pasta. Lots of other things that we in the west have copied (stolen?) So Wake Up! Keep ahead, and see what improvements our competitors have made, and then steal them! The Chinese believe only a fool would reinvent the wheel (when they can copy it, and save lots of time and money, and that allows them to lower the price) Standard business practice (everywhere!)


February 10, 2010
In response to: Protecting your hardware IP in China: Practical experience
Dave N commented:

Folks, we need to remember a few things: 1. The Chinese are NOT our friends 2. They regard us as subhuman fools, with contempt 3. Our own greed is doing this to us. 4. And, most importantly, their business bible is Sun Tsu's "Art of War". This is NOT a joke. We are the enemy, to be tricked, and subdued. Don't be too shocked if, at some point in the near future, the Chinese nationalize all foreign companies and cancel all investment and call in all debt.


February 10, 2010
In response to: Protecting your hardware IP in China: Practical experience
Yuval commented:

Some idea's 1)Never let them do the entire job - save some part of the work for in house (like flashing the product and final assembly & tune) 2)Use protection device - several company produce this tiny device who can protect your IP 3)Use silicone when ever you can -I know it is a costly idea but useful Yuval - Israel


February 8, 2010
In response to: Protecting your hardware IP in China: Practical experience
Its the governement stupid!!! commented:

(We) Americans are enthralled with our legal system when it comes to dealing with competition. Since we cannot beat them in the manufacturing battlefield we have to turn to the courts. We have beaten our selves with our onerous environmental laws and full time government officials. ?Common sense? has left the depot and we are concerned about stupid issues ?carbon credits, football stadiums (pick your favorite entitlement?)? Folks we are beating ourselves? but then again ?the government knows best right????


February 6, 2010
In response to: Protecting your hardware IP in China: Practical experience
Alex D. commented:

"We need to tell the Chinese (and the others) that we will consider the next incidence of product knockoff an act of war." Just like we once told them that banning our heroin would be an act of war. Thought monopoly is being taken to ridiculous extremes. What exactly does the Lantronix XPort patent cover? Every tiny webserver? What is interesting is that the wealth of knock-offs in China's domestic market is helping the country grow. Firms can start up and buy equipment at a fraction of the capital that a Western firm would have to expend. It makes their economy much more efficient. They also benefit when domestic firms "steal" Western IP (like the holy tiny webserver) and then innovate and improve. China ends up able to have and use much better (not just cheaper) tiny webservers than the Western world.


February 5, 2010
In response to: Protecting your hardware IP in China: Practical experience
adam mickiewich commented:

Rocky told:"We need to tell the Chinese (and the others) that we will consider the next incidence of product knockoff an act of war. We've let them get away with way too much: poisoning our children, poisonous drywall, and on and on...." well, who wanted cheap products, make big profit?, basically that is the price of the greed, and be happy, because that is just the begin, now they just copying it, but soon they will learn to improve it, that will be fun....and don't forget they keep us in their pocket we owe them much!


February 5, 2010
In response to: Protecting your hardware IP in China: Practical experience
Rocky commented:

We need to tell the Chinese (and the others) that we will consider the next incidence of product knockoff an act of war. We've let them get away with way too much: poisoning our children, poisonous drywall, and on and on....


February 5, 2010
In response to: Protecting your hardware IP in China: Practical experience
Circular Karma commented:

Ha, Ha, Ha!!! Couldn't be happier. I hope it hurts their bottom line like they've hurt American engineering. They very well deserve it for offshoring our jobs and dealing with the devil.


February 5, 2010
In response to: Protecting your hardware IP in China: Practical experience
DGI commented:

Our experience is bad in all of Asia not just China. As I was told at the onset, "It's the culture, stupid." They are expert at reverse engineering software and replicating, hardware at least in appearance, if not quality and performance. The silicon solution is a good idea particularly if a little 'razzle' is included.

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