Chinese Export Enterprises To Cope With "337" Dilemma And Way Out

Section337initially refers to the Smoot-Hawley Tariff Act, which is also namedthe Tariff Act of1930. Over the years, Section337has developed into the legal systemfor American companies to protect their intellectual property rights. The clause hasbecome one of the important means of trade protection. Under Section337of the TariffAct of1930, the International Trade Commission (ITC) conducts investigations intoallegations of infringements of intellectual property rights and other unfair acts in theimportation of articles.In the21st century, The United States began to launched investigations underSection337frequently, to export enterprises of major trading countries and regions,including China. From January1,2000to December31,2012, ITC launched a total of436investigations under Section337all over the world. And182of the investigationsamong them were towards the enterprises of China, accounted for41.3%. China hasbecome the biggest target of investigations under Section337.Faced with such a billowy Section337investigations, how shall Chinesegovernment and enterprises respond? The paper begins with interpreting Section337,and gives a detailed analysis of the section337investigation mechanism, mainly aboutapplicable conditions, procedural requirements and remedy measures. Then the writerwill account the legal characteristics of Section337, which is the important part of thelegal system of intellectual property rights. In Chapter2, the writer will analyze thegrim situation and the reason of China suffering investigations, with statistical data andother information, especially according to the case of Huawei Company. In Chapter3,considering the problem in dealing with Section337investigation, the writer raisesspecific suggestion from the perspectives of government and enterprises.This essay discusses the legal application of Section337, analyzes the situation ofChinese enterprises suffering investigations, and offers practical measures andrecommendations, based on conceptual analysis, data statistics and comparative study.