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Positive Study On The Tactics How To Tackle Section 337 Investigation In USA

Posted on:2008-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y MuFull Text:PDF
GTID:2166360242478437Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Currently Section 337 investigation of USA has already become an obstacle to Chinese products to enter into American market. The text takes the answer examples of Chinese enterprises as cut-in point, discusses the character and problems reflecting from these cases, combines rules of law and case study to research the countermeasures about procedure and entity aspects of Section 337 Investigation, analyses lessons and summarizes experiences. The text Chooses cases in relation to China, especially successful cases. The author hopes to boost up Chinese enterprises'confidence to answer by this way.Except preface and conclusion, the text comprises four chapters and primary contents as follows:Chapter 1 introduces the actuality and existent problems that Chinese enterprises deal with Section 337 Investigation, the results and causations. Although the circumstances were not ideal in a whole, the cases Chinese defendants attending were rarely issued exclude order. The most problem of Chinese enterprises is short of active answer attitude. At the same time, these cases reflect that the rate of default is not decline as experiences accumulating.Chapter 2 focuses on the tactics about procedure aspect of dealing with Section 337 Investigation, including complaint, answer, discovery, urging complainant to withdraw, reconcilement and using summary verdict.Chapter 3 takes patent infringement cases as point, focuses on entity tactics of dealing with Section 337 Investigation and discusses cognizance standards of patent infringement and objections.Chapter 4 focuses on whole strategies of dealing with Section 337 Investigation, including government should take on more duty, guild should exert organizing and harmonizing function, enterprises should strengthen intellectual property protection and reinforce litigation tactic study and plan as becoming defendants.
Keywords/Search Tags:Section 337 Investigation, intellectual property, patent
PDF Full Text Request
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