Study On The Influence Of Sino-US Intellectual Property Friction To The Bilateral Trade

The United States is the country with comprehensive strength in the world, and China is the fastest and largest developing country. The relationship between the two countries not only influences the development of the countries but also the international society. With China's the deepening reform and opening up and the expansion and acceleration of economic globalization, the export has grow quickly and the Sino-US trade has developed rapidly. The Sino-US trade has become an important way and channels of bilateral economic ties. In recent decades, the Sino-US trade has increased sharply at an average annual rate of 20%, from 2.5 billion dollars at 1979 to nearly 385.3 billion dollars at 2010.At the same time, the trade friction between China and the US is escalating, and intellectual property issues are the focal point of the debate between them.The United States is the most stringent country about intellectual property rights. Early in the 18th century, the Constitution had provisions on the patent and copyright protection, and now US has established a complete legal system for IPR protection. Though the competitiveness of China's products and the development of import and export trade promote intellectual property legal system to improve, the gap between China and the United States is still large. To protect their own interests, The United States has dedicated to implementing the domestic intellectual property protection standards to international level, and required the other countries to protect intellectual property according to the U.S. system. While China has been the observed object of the US focus. However, the legal system in China will reach the level required by US in the short term impossibly. Sino-US trade frictions related to intellectual property rights have influenced bilateral trade seriously. Since the 1990s, China and the United States have had three major negotiations about these contradictions. The US mainly uses Special 301 clause and Section 337 clause to investigate and implement the trade retaliation. These lead to decrease market share of Chinese export products. The export potential of Chinese enterprises has suffered a lot and they have been completely in a disadvantaged situation.'What are the specific differences between Sino-US intellectual property system, what is the reason of Sino-US intellectual property rights and how it affects trade between the two countries, what are the solutions of government and enterprises'are all becoming urgent research problems. This paper resolves these problems with the case, based on the Sino-US intellectual property frictions as the basic research objects.This article is divided into five parts to study on the influence of Sino-US intellectual property frictions to the bilateral trade.The first part is the introduction, introducing the topic meaning and background, the article content structure, innovations and shortage. It summarizes the reviews of the literature in this field both at home and abroad.The second part mainly introduces the relationship between intellectual property and trade, introducing the introduction of intellectual property rights, its influence to international trade and Agreement Trade-Related Aspects of Intellectual Property Rights in WTO.The third part, analyzes the historical evolutions of Sino-US intellectual property frictions. In this part, mainly introduces the three major intellectual property trade disputes between China and America. And then introduces the current situation of Sino-US intellectual property frictions:337 investigations initiated by the United States increases year by year, the products involved in have been increasing and the structure of the products has been upgraded, the proportion of successful Chinese enterprises in the proceedings has been very low, etc. Then with the case, analyzes the influence of Sino-US intellectual property frictions to the bilateral trade, including more tense relationship between the two countries, market position of China's export enterprises in the United States and other countries decreasing and more difficult export of enterprises. The serious consequences of intellectual property rights investigation also hinder China's globalization process.The fourth part discusses deeply a variety of reasons causing Sino-US intellectual property frictions. The differences of legal system and concept awareness make the conflict about intellectual property more and more serious. The huge trade balance between them leads to American dissatisfaction. To protect the enterprises and products, United States sets frequently technical barriers to China and uses Section 337 to proceed against Chinese exporting products. In addition, the weak intellectual property and the lack of protection consciousness exists in China, this is also the part cause of the friction.The fifth part mainly expounds China's measures to intellectual property frictions. From the point of view of the government and enterprise, puts forward on how China should learn from the experience of America's intellectual property protection in international trade and how to deal with the problem of their irrational over-protection. From the government perspective, it should establish intellectual property system according to international standards and strengthen law enforcement, implement development strategy of intellectual property, encourage innovation, establish mechanisms for intellectual property enforcement and provide financial support and preferential policies. From enterprises perspective, they should enhance awareness of IPR protection and innovation capability, actively respond to intellectual property litigation and develop skills.