The Problems Of Intellectual Property Protection In The US Trade Towards China And China’s Countermeasures

In recent years, with the rapid development of technology and the gradual rise of theknowledge economy, international trade activities related with intellectual property havebecome increasingly frequent, which gradually become a hotspot and leading point of thecurrent international economic activities. Intellectual property is a property right given bythe law to protect the intellectual labor’s achievement. Strengthening the protection ofintellectual property can mobilize the intellectual labor creators to conduct technicalR&D and knowledge innovation, promote the core technological content of products,make the products occupy a dominant position in the competition of the internationalmarket, so as to boost the progress and the development of the enterprise and the wholesociety. Therefore, encouraging technological innovation, establishing and improving thesystem of intellectual property protection has reached a consensus on a global scale.China is the largest developing country in the world, and the U.S.A is the world’smost powerful developed country in economy and technology. Economic trade betweenChina and the U.S.A, especially related with the intellectual property, is the mostprominent activity among the international trade activities, which plays a decisive role.China is rich in human resource, the cost of products such as labor cost is relative low.And with the continuous development of technology and economy, the core technologycontent in products is also increasing. Therefore, Chinese products posses a competitiveadvantage compared with the native products in the U.S.A market, which occupy a largemarket share. The trade surplus of China to America has also increased. The U.S.A thinksthe cause of American trade deficit to China is that the intellectual property is notprotected, therefore, the U.S.A starts to formulate a series of law terms and agreementsregarding the protection of intellectual property to protect the intellectual property industry of the U.S.A, and uses the “337terms” to institute an intellectual propertylawsuit to Chinese enterprises. Proper and reasonable intellectual property protectiontakes good advantage of researching technology and developing economy, however, inorder to protect relative industry, maintain market share, the U.S.A abuses the intellectualproperty protection system, regards the intellectual property protection as a kind of tradebarriers. This restricts the export of Chinese products, hinders the export trade of China,and causes damage to the Chinese economic development.This paper introduces the basic theoretical knowledge of the concept and the featureof the intellectual property protection, adds economic analysis, and also introduces thecurrent situation of the American intellectual property trade to China, combined with the“Cisco institute lawsuit to Huawei case”. Through these, we get the measures of ourcountry to deal with the problem of intellectual property protection in the trade with theU.S.A, namely our country should encourage the research and innovation of science andtechnology, establish and improve the system of intellectual property protection, enhancethe ability of enterprises to innovate independently, promote the development ofenterprises, and at the same time boycott the intellectual property trade barrier carried outby the U.S.A to China, formulate American trade activities to China, guarantee ourcountry’s normal export trade, make the trade activities between China and Americadevelop healthily.