Sino-us Section337Investigation Trade Friction Research

With the continuous progress of China’s science and technology contained in the technological content of export products in foreign trade increased, the ability to compete in the international market is also growing. The United States as China’s second largest trading nation in the trade imbalance between the two sides, however, the United States there is a huge trade deficit. Sino-US economic and trade relations between the two countries in ever-deepening at the same time, trade frictions are escalating. U.S. trade protection policies intensified, gone through four stages:the stage of the high tariff barriers, stage of non-tariff barriers, non-tariff barriers and technical barriers to trade both stages, technical barriers to trade to the main stage. Obviously at this stage, the United States has mainly taken the technical barriers to trade, one of the major barriers to intellectual property barriers."337investigation" as a weapon of the most sparkling and intellectual property barriers."337" is the earliest dating back to1922, section316of the Tariff Act of1930,"U.S. Tariff Act" amended "316clause", and later through many revisions.The currently applicable "377clause" refers to the amendment by the1994Uruguay Round agreement in1930of the Tariff Act of337.Provisions:"the way of unfair competition and unfair acts goods imported into the United States, sales by the owner, importer, consignee and their agents in the United States, the threat or effect would be sufficient to destroy or substantial damage to the United Statesindustry, or hinder the establishment of the industry, or restrict and monopolize commerce and trade, this way of unfair competition and unfair acts are illegal. According to the U.S."337" provisions, in order to protect the patent rights of right holders are not against imports of the allegedly infringing products, if found to infringe a U.S. patent infringement products, these products will be completely banned in the U.S. market. Can be seen that the power of the "337investigation" is very large. In recent years, the United States to use "337" infringement investigations against Chinese products, restrictions on Chinese products into the U.S. market. Sino-US intellectual property barriers "337investigation" more than anti-dumping, countervailing, Chinese companies export to the United States the largest barriers to trade. Firstly, the "337investigation" system overview to understand the "337investigation" connotation and characteristics, legal proceedings and remedies. Followed by quantitative and qualitative analysis of the situation and development trend of China and the U.S. Section337investigation; followed by China and the U.S. Section337investigation because the deeper reason, the new era for special reasons, business reasons, as well as corporate behavior Game Model of Selection several ways to expand; again by two typical "337investigation" practice in the specific case of Chinese enterprises, and a summary analysis of typical situations in the actual survey from the perspective of specific companies. Finally, from a macro and micro levels to put forward concrete proposals to deal with the U.S. Section337investigation.