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Section 337 And The Role Of Our Government To Deal With

Posted on:2014-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y MaFull Text:PDF
GTID:2266330425956423Subject:Law
Abstract/Summary:PDF Full Text Request
There is no doubt that the21st century is the era of the knowledge economy. Particularly embodies the characteristics of the times is that the WTO among members of the increasingly intense competition in the field of intellectual property, the focus of international competition also ahead to the protection of intellectual property rights. Mainly because China has long been based on the export of labor-intensive products, therefore attention is more focused on a number of anti-dumping, anti-subsidy and price control measures, ignore the destruction of the337survey of Chinese enterprises. In recent years, with China’s economic rise and the rapid growth of industrial production and exports, the United States337investigations against China in the number of substantial growth, especially since the subprime mortgage crisis in the United States in2008, the situation is even more serious, the Chinese export companies which suffered heavy losses. A growing number of Chinese products in the United States filed a Section337investigation.337survey mentioned here also called a Section337action---the United States in accordance with section337of the1930Tariff Act on unfair competition, especially those imported products infringe protected by U.S. patents, trademarks and other intellectual property initiated the investigation. Once the survey is found guilty, the U.S. International Trade Commission (the English called the USITC) will be released to the sanctions, such as to exclude the products imported to the United States. That can be classified as trade friction, and intensifying trade friction between China and the United States are the result of the root causes of widespread trade protectionism in the United States in foreign trade. The United States has repeatedly launched337investigations program, which many Chinese enterprises to enter the United States domestic market has become extremely serious barriers to trade. On this issue, social realities in the337survey of Chinese enterprises has always been at a disadvantage in this to make a wide variety of reactions, but the basic idea can be attributed to one thing---a passive response. Due to the outbreak of the global financial crisis, international trade rules and intellectual property strategy also will be adjusted from the new rise of protectionist trade policies in the United States, while337surveys more showing the huge role of trade protection, so, the United States via337surveys to pass on the adverse consequences of the financial crisis in other countries (especially China). If we let the passive response to the idea of continuity in China’s trade with the United States, then the Chinese product trade will pay a heavy price. Bound for China’s enterprises to expand overseas markets extremely adverse impact, but also not conducive to the implementation of the "going out" strategy advocated by the Chinese government.In this paper, combing the337surveyed history analysis section337previous modified features, pointed out337surveys in real terms of trade protectionism; China should deal with through the government level on the basis of theoretical research on the U.S."337"policy.Chinese companies in order to fundamentally solve the passive position in the337survey process, in addition to enhance the competitive strength of the intellectual property rights of Chinese enterprises, it is more important to open up the official avenue for settlement, which requires the Chinese government to be accurate role in response to the337investigation, the Chinese enterprises from337investigation, in order to fully safeguard the interests of the Chinese enterprises in the international trade environment, in order to promote the smooth development of China’s foreign trade to protect the national economy normal and healthy operation.
Keywords/Search Tags:337Investigation, Trade Protectionism, Government, Role Orientation
PDF Full Text Request
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