Research On The IPR Border Enforcement Measures

The IPR border enforcement is necessary for the effective protection of IPR in the international trade affairs. But this same system, most strikingly its measures, is susceptible to abusing for upholding trade protectionism. Thus to establish an effective, as well as reasonable system for the IPR border enforcement calls for the legislators' and the executors' prudent balance.The Section 337 in the U.S. is an example of the IPR border enforcement systems. The Section 337 has developed in to a rather mature system including substantial and procedural regulations. The exclusion orders under the Section 337 are a series of distinguishing measures as well. It offers vigorous safeguard to the U.S IPR holders in chorus with other relief measures under Section 337.An exclusion order is to exclude certain products found violation in the investigation from entry into the U.S. The scope of a general exclusion order may cover all the infringing products regardless of their origins. Even a limited exclusion order can be extended to cover specific goods from non-respondents. Incurring an exclusion would result in an overall defeat in the U.S. market. The power of the exclusion orders, however, is absolutely underestimated by Chines exporting businesses. This leads to the improper strategy adopted in the 337 investigation which results in the loss at last.Nonetheless, the power of exclusion orders should not be exaggerated either. Sound knowledge of the rules and proper strategy adopted can bring favorable determination in the investigation hence avoiding the imposing of exclusion order. For these reasons, comprehensive and deep research on the rules of Section 337 and the exclusion orders under it may help in effective reacting to the 337 investigations. Reasonable practises of our own state's IPR enforcement measures can benefit from this too.