Legal Analysis And Countermeasures Of American Section 337 Investigation

November 2013,the third plenary meeting of 18 th session of the central committee was held in Beijing.This meeting declared that we should comprehensively deepen reform,intensify intellectual property protection and application,advocate technology innovation incentive mechanism,set up the court of intellectual property and so on.The core value of the meeting is to encourage Chinese enterprises strengthening independent innovation and paying close attention on the protection of intellectual property rights for taking the preemptive opportunities in international trade.According to the statistic of China's customs,during the January to November in 2016,China's import and output trade was up to 3.319 24 trillion dollars,the export value was 1.89717 trillion related to the import 1.422 07 trillion,thus the trade surplus reached 475.09 billion.Clearly seen from the data,China enterprises are facing unprecedented opportunities in international trade.However,a lot of American enterprises ask help for international trade commission of Unites State to launch Section 337 investigation on China's enterprises for protecting their domestic market share.Compared to Anti-dumping and Anti-subsidy survey,Section 337 investigation is a harsher barrier to trade.On patent infringement or industry chain destruction,Section 337 investigation constantly forces China's enterprises exiting the American market.Only in this way,they can manipulate the import and export trade of the United States unscrupulously for handsome profits.In the last decade,China has become the biggest victim of American Section 337 investigation.China's enterprises had represented more than 30% of global Section 337 investigation cases,and due to lack of sufficient experience,the overall success is less than 40%,which leads to serious trading environment destruction.This paper begins with basic content of Section 337 investigation mainly including the legal procedure and remedy measures.Compared to other trade clause,the applicability and characteristic of Section 337 investigation are summarized.Two successful cases of China's enterprises dealing with Section 337 investigation(Chu Bao technology and Ying Tai biology)are studied.We explain the reasons why the China's enterprises are investigated continually in Section 337 investigation.Based on the two classic cases,we should learn from the valued experience of Japan and Tai Wan province.In addition,the strategies of responding to Section 337 investigation from the China government,enterprises and Industry association are introduced respectively.