The "section 337" Analysis And The Solution Of Our Country's Enterprises

"Section337" is an abbreviation of Section1337, Volume19of "United States Code". According to the provisions in this clause, USITC conducts an investigation to those been suspected of being involved in the infringement of intellectual property rights and other unfair competition activities under US foreign trade practice. And take remedy measures if the infringement confirmed."Section337" provides an overall and effective protection to its domestic intellectual property industry with the features of all-round coverage, severe punishment and flexible&efficient investigation implementation mechanism.。 With China’s "peaceful rise" and rapid growth of industrial production and export,337investigation cases against Chinese companies have a blowout growth. Though China has not wholly realized the harm of "Section337", it has become the country which bears the biggest damage during the investigation. Currently, the scholars in China are mainly doing the research based on the problem of legality of "’Section337", it’s reasonable and substantiated, but has less help to improve the existing predicament of Chinese companies. This thesis is aimed to help the companies understand, comprehend "Section337" and tackle the relevant investigations through detail analysis of entity element and formality requirements of the clause.The thesis conducts an overall analysis to "Section337" from four aspects: remedy measures of international trade, formation background&main history revolution of "Section337", entity element analysis of "Section337" and formality requirements analysis of "Section337" investigations. Finally the response to "Section337" for Chinese companies is raised.In first part, it describes the problem of international trade remedy system. The remedy system is an inevitable product of international trade. Because the structure of current international trade system is heavily unbalanced, those developed countries suppress developing countries everywhere by setting various kinds of remedy measures. However, among all trade remedy measures, the boarder protection of Intellectual Property Rights is especially important. The U.S. is always thinking highly of this, and they arbitrarily put forward "Section337" which could conduct unilateral sanctions.In second part, it describes the formation background and main history revolution of "Section337". According to the economic setting, social contexts and legal background, the clause emerges in the era of economic crisis. Moreover, each revolution of "Section337" has close relationship with economic cycle. From above all, the U.S. locates the function of "Section337" as protection its domestic industry and keep its competition advantages in international trade.In third part, it describes the entity element of "Section337". The clause suppresses the imported products which infringe the Intellectual Property Rights of the U.S. and other unfair activities in importing trade. The activities which infringe the Intellectual Property Rights of the U.S. which requires there is related industry in USA, while other unfair trade activities would injure or materially injured the domestic industry in USA. This part mainly makes an analysis to "domestic industry""unfair competition ways or activities","injure or material injure","public benefits" and etc. which aim to make Chinese companies acknowledge the formation elements of "Section337".In fourth part, it describes the formality requirements of "Section337" investigations. The procedures of "Section337" investigations mainly include application, registration, reply, counterclaim, evidence disclosure, pre-hearing, hearing, preliminary determination of administrative law, ITC review, president review, judicial review and etc. Only if well understand each formality requirement of "Section337"investigations could Chinese companies cope with it calmly.In fifth part, it describes the influence of "Section337"investigations to Chinese companies and how to response well. In recent years, the U.S. launches "Section337" investigations to Chinese companies frequently which cause great loss to the exporting business of these companies. However, Chinese companies have not paid enough attention to "Section337", most companies even don’t familiar with it. Among those closed "Section337" investigation cases, Chinese companies lost more. This part provides an overall strategic arrangement for Chinese companies how to response to "Section337" investigation cases and help these companies obtain new victory of the trade war with "Section337" investigation cases.