United States, "337" Law Enforcement Mechanisms

The law enforcement mechanism refers to the interrelations of each factor in the law enforcement system and effection made by the factors to the law enforcement system, especially the process and method of the interaction made by each constructive factor in the law enforcement system. Section 337 is named as "unfair acts in the importation of articles into the United States" in the U.S code. Section 337 is a border enforcement mechanism intended to address "unfair methods of competition and unfair acts" in the importation of articles into the United States. Section 337 provides wider and more effective shells to intellectual property right of the American with its comprehensive coverage,stern punishment,flexible and efficient procedure of investigation, which would provide the basic protection to its domestic industry and compensate the blank of its domestic intellectual property right legislation. The more knowledge we know about Section 337,the more benefits we get when our enterprise deal with investigations proposed by Section 337.Meanwhile,knowing about the regulative measures of intellectual property right in the America will also takes advantages for us to formulate enterprise intellectual property right strategies. To judge whether defendant violate Section 337 needs to prove the existing of unfairness action expands to a threatening or effective degree in the importation of articles into the United States. The actions of importing and selling production infringing U.S patent, producing, importing and selling production infringing Anti-Trust Law will be announced unlawfulness if correlative industry has been established or being building in the America. This regulation which is set by Section 337 aims at strengthening the protection to Intellectual Property Right of the U.S.A. Once being firmly believed violate section 337 the ITC could provide relieve to obligee,such as general exclusion order, limited exclusion order ,injunctive,detain or confiscate production,penalty and temporary measure. Although all tend to protect the interests of the U.S.A, there are many differences in Section 337, Section 301 and super Section 301 in the aspect of the content, the object of regulation and the way of punishment. Section 337 has tight connection with Agreement on Trade-Related Aspects of Intellectual Property Right and the Section 337 action has many contact with district court action. Following the enhancement of technical content of production exporting from China to the America,the investigation proposed by section 337 action from the America is getting more and more. When manage the situation, our enterprise need to conquer it in a positive way which consists of strong consciousness of intellectual property right protection and reasonable usage of other regulation to avoid Section 337.The most important point is setting our own intellectual property right strategies and forming comprehensive coping mechanism which is composed of enterprise, industry and government on the basis of the domestic condition of our country and the experiences we learn from the developing country.