Samsung companies have been banned from selling their smartphones in Russia. Such news thundered on Thursday morning. Sensation and shock, but do not rush to draw conclusions. If you figure it out, everything will turn out to be much more interesting.
THE ESSENCE OF THE CONFLICT
A South Korean tech elephant collides with a Swiss pug. Sqwin SA has filed a lawsuit against Samsung. The plaintiff claims that she violates her rights to invent an “electronic payment system.” The Swiss allegedly registered a patent for an invention back in 2013. Therefore, Samsung Pay, which appeared only at the end of 2015, violates the rights of the inventor.
Now Sqwin SA demands that the South Korean manufacturer stop selling more than 60 models of smartphones in Russia because Samsung Pay is installed there. The Moscow Arbitration Court sided with the plaintiff. It is noteworthy that he is a Russian. His name is Viktor Gulchenko, and he lives in Switzerland and does not respond to requests from journalists.
– The court decision has not entered into legal force, it is on appeal. The company is not planning any changes in its operating activities, – said the Russian press service of Samsung.
According to lawyers, it is too early to talk about a ban on sales or suspension of the Samsung Pay application. Such processes can drag on for years. Therefore, it makes no sense to urgently change your smartphone. Even if the ban happens, it will only affect those phones that have not yet been sold. And this is unlikely to happen.
WHO IS A PATENT TROLL
It is noteworthy that in the very patent, registered by a Swiss company, the technology is described very superficially. Like, the buyer brings the phone to the reader, it sends a signal to the bank using a token, the money is debited, the transaction is completed. In fact, a bare idea – without a technological base.
According to industry experts, in particular the leading analyst of Mobile Research Group Eldar Murtazin, the South Korean company is faced with a traditional phenomenon – patent trolling. This is when a person or company specializes in filing patent claims. They look for loopholes in the legislation, apply for patents, and then blackmail those companies that did not have time to legally protect their rights in a particular country.
One of the proofs that the date of commencement of the patent is considered 2013, but it was registered by Rospatent only in 2019. For some reason, such a discrepancy did not surprise the court. But experts are confident that the manufacturer will be able to defend its rights and not lose the Russian market, where the company has almost 30%. Because otherwise, a precedent will turn out – and other big players: Apple and Google may face problems. Their payment systems appeared in Russia also after 2013.
LIKE THEM
Registration first – then market entry
Patent trolling is widespread in other countries of the world. Therefore, when entering foreign markets, companies try to immediately register their intellectual property rights. Otherwise, then you will have to sue for a long time or negotiate with the “trolls” amicably (which they are counting on). For example, such machinations are often carried out in China.
– One of the main risks of any exporter entering the Chinese market is that he needs to have time to register his unique products for himself – and before the goods enter the Chinese market. This is necessary not so much to protect against counterfeiting, but rather to prevent others from registering the trademark, – explains Alexander Zainigabdinov, OPORA RUSSIA representative in China (Beijing), partner of Window to Asia company.
What payment systems do Russians use on smartphones?
G Pay – 32%
Apple Pay – 30%
Samsung Pay – 17%
According to NAFI.
