Judicial Review Of U.s. Trade In Intellectual Property Protection System

With the development of technology, it has become a mission for all the countries to protect the intellectual property rights in order to keep their scientific minds satisfied and enhance the ability to create as a whole. However, this mission is often used as an excuse for the trade protection of intellectual property rights, which hinder the progress of international trade. For example, "Section 337" is a case in point. Over recent years, U.S. government has been making use of it to launch "337 investigation" pursuant to "Section 337" against its partners including China. Despite claiming to protect the intellectual property rights, in essence, it has served as a tool to provide trade protection. Meanwhile, as one of the most fundamental principle of rule of the law, judicial review stems from Britain and took its root and perfected itself in United States of America. One of the many functions the mechanism of judicial review serves is to give judicial power leverage to withstand the two powers, namely administration and legislature, within one's political system. Gradually, with the pervasion of international trade and globalization of economy, the mechanism of judicial review was introduced to the realm of international trade by WTO to fight against the trade protectionism, becoming a powerful weapon to safeguard free trade and fair competition. In this dissertation, the focus is on the standoff between "Section 337" and the mechanism of judicial review.There are five chapters in all in this dissertation. The first chapter will be discussing the relationship between "Section 337" and protection of intellectual property rights, which will further introduce the kind of trade protection in the name of protecting intellectual property rights. The second chapter will give us a brief introduction about mechanism of judicial review, which provide basis for further discussion. We will be focused on the principal, subject matters, binding laws and authority of the mechanism of judicial review in the last three chapters, where the attempt to find a solution for Chinese enterprises to cope with the "337 Investigation" will be made.I think the abuse of "Section 337" by U.S. government has caused a lot of damage to Chinese enterprises. Therefore, the dissertation will be dedicated to discussions of the mechanism of judicial review from the standpoint of "Section 337" in the hope to by probing into precedents, give Chinese enterprises faced with "337 investigation" some ideas to better cope with the situation.