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Study At Section337of The U.S. Trade Law

Posted on:2013-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:L S ZhengFull Text:PDF
GTID:2246330395452306Subject:Law
Abstract/Summary:PDF Full Text Request
Section337of the U.S. Trade Law derived from the1922section316of the U.S. Tariff Act,1930provisions in section337of the U.S. Tariff Act, the United States in1974,"Foreign Trade Law", the1988Omnibus Trade and Competitiveness and the1994Uruguay Round agreements Act,"three times larger correction, has now become a specialized legal control of foreign products infringe the intellectual property of the United States, and the anti-dumping, countervailing, safeguard measures, together constitute a U.S. trade remedy laws integrity of the systems. According to the337provisions:the import of foreign products into the United States in whatever form, such as sales, rental, consignment, etc. to enter the United States, if the violation of a legal and valid in the United States industry, existing or being established with the implementation of force patents, registered trademarks, copyrights or designs, etc., constitute a violation of the terms of337, U.S. International Trade Commission (United States international Trade Commission, hereinafter referred to as ITC) could have been investigated.In recent years the rapid development of China’s economy, China has gradually become an international manufacturing center, has expanded each year the foreign trade amount, and the Chinese enterprises are also constantly improve the capability of independent innovation. Through the tireless efforts of enterprises in China, produced by the product technology content is high, the production technology of some branded products is a world leader. Posed a grave threat against the United States because of China’s high technological content products, involving three37investigation cases is increasing year by year.1980s, Japan is the largest country of the respondent, and Chinese Taiwan in the1990s to become the respondent up to the region.337investigation since1995, China-related increases every year, from2000to2009, the United States dealt with a total of272337cases under investigation, the cases involving China up to94living in the first place. Up to105from1986to2009, involving China,37cases under investigation, the case of electronic products up to44from in the first row; followed by light industrial products, cases of28in second place; mechanical products to14from the number of in third place.337Terms in the United States is powerful, U.S. companies often use the terms to crack down on China’s competitors, if the U.S. International Trade Commission confirm that our products infringe the intellectual property rights of the United States, the Chinese company’s products may be permanently excluded from the United States outside the gates to China’s exports, which caused a serious impact caused great losses to our business, many companies in China and some do not realize the dangers of337terms, or were aware of the dangers do not know how to deal with and counterattack. If you would like to calmly deal with the337surveys in the United States, we must first in-depth understanding of337terms of content and applications, and comprehensive in-depth study of two aspects of theoretical and practical case, and finally to solve practical problems as a starting point to find actively respond to strategy of the337survey,337surveys of export enterprises, China has faced and may face a variety of draw programs, and as soon as possible to get rid of this negative situation, to protect the vital interests of our enterprise, is conducive to China’s export trade in health stable development.
Keywords/Search Tags:Section337, Intellectual property rights, Trade remedy
PDF Full Text Request
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