Research On TRIPS Agreement And Section 337 Of The US Tariff Act And The Relationship Between Them

Trips Agreement came into being under the urging of the developed countries with America as the head. It links up with the former agreement of intellectual property, establishes a new basic principle of intellectual property, and provides regulations on more extensive range. Besides, it has accelerated the unity of the protection system and the promotion of protection level, and has led to realistic and potential influences on the protection of Chinese intellectual property.Although China is also a member of WTO as USA, Chinese enterprises still cannot shake off the situation in which USA takes one-sided trade measures according to Section 337 of the US Tariff Act when the imported products violate the American intellectual property in Sino-American trade, as TRIPS Agreement more reflects the will of the advanced countries with USA as the head. Section 337 of the US Tariff Act mainly regulates the action of investigating the unfair import trade made by ITC. It is practically related to the infringement of intellectual property. It provides quick and effective investigating procedures and powerful relief measures, which will probably lead to the result that the sued or even the unrelated corporations may be driven to lose American markets.The related articles of TRIPS Agreement and Section 337 of the US Tariff Act are mainly reflected in Article 3, Article 41, Article 50, Article 51 and Article 52. By merely analyzing from contrasting the superficial articles, we can see that they generally correspond to each other except Article 41, Section 2, which cannot be determined whether it corresponds to Section 337 because it is too elastic. But after analyzing the concept, value orientation and practical effect of Section 337, we may find out that Section 337 and TRIPS Agreement are essentially contradictory. However, owing to the strong position of USA and the confusion caused by the superficial correspondence between Section 337 and TRIPS Agreement, the dispute over the correspondence of them will remain to exist during a certain period and the two different opinions will keep co-existing.The inspiration for protecting Chinese intellectual property which can be drawn from the correspondence of Section 337 and TRIPS Agreement includes: to make use of Section 337; to learn from USA to influence international regulations by making use of domestic laws; to avoid the application of American domestic laws by using the solution systems of trade disputes. The inspiration which can be drawn form the contradiction of Section 337 and TRIPS Agreement includes: to force the change by using the solution systems of trade disputes; to be on guard against the dangerous actions of America's defying the international regulations; to learn from America's modifying Section 337 with reservation, abiding the international pressure. Moreover, we should seek inspiration from the fact that the elastic clause of TRIPS has led to the result of not being able to determine its property. Finally, we should make the best of the World Intellectual Properties Organization to stand up for our rights and establish the strategies for national intellectual property by looking outside of the view of Section 337 and TRIPS Agreement.