The Depth Of The American 337 Investigation System Analysis And The Coping Strategy Of Our Country

The most severe trade barrier in the world，the United States on337surveys are unfairtrade behavior and the existence of the infringement of intellectual property rights tradebehavior by the United States International Trade Commission to investigate and decisionprocedure. In recent years, China has become the United States of America337investigated the largest target country, each involving up to hundreds of billions of dollars.Chinese enterprises in response to a337survey by the losing, suffered heavy losses, a largenumber of enterprises and even the whole industry products are completely out of theUnited States of America market. This paper introduced a system of337survey as well asthe relevant provisions of procedure, analyzes its features and the recent changes. And withthe help of the rules of international trade on section337the irrationality of analysis andsummary. The Uruguay Round Agreements Act of1994, which revised the four points thesecond panel report mentioned. After the amendment, Section337has been consistentwithGATT1994. It is very difficult to sue Section337for breach of GATT1994. We mightsue it in WTO in combination with concrete case. The macroscopic aspect, need to givefull play to the guiding role of the government, the timely start of negotiation of Sino-USintellectual property in bilateral trade system to solve our country enterprise to enter theUnited States market barriers. At the same time, select case proceed with recourse to theWTO dispute settlement mechanism for the terms in violation of WTO rules of appeal.From microcosmic angle, this article mainly from the enterprise itself, industryassociations and related personnel training are discussed in three aspects. Focus on theanalysis of enterprises to deal with the337survey should take prevention, coping andafterward recovery measures. At the same time, industry associations should play in theChinese enterprises to deal with the337investigation of the important role, make theenterprise through trade associations and good platform to improve the intellectualproperty rights protection ability. This paper based on the analysis of the trade barriers, theChinese enterprises "going out" process can take time for possible intellectual propertydisputes, for the enterprises of our country in foreign trade and investment in the protectionof intellectual property rights problems to provide solutions. At the same time as soon aspossible to establish a sound early warning and emergency response mechanism, theoverseas protection and dispute settlement suggestions. The innovation of this paper lies in,draw lessons from Chinese customs for15years in the import and export of intellectualproperty protection of useful experience, construction of China’s protection of intellectualproperty rights related to trade system, so that the continuous development of China’shigh-tech industry access to higher level of protection.