Research On The Administrative Protection System Of Intellectual Property Rights In China’s Import Trade

The"337 Investigation"was conducted by the International Trade Commission of the US Federal Government to investigate intellectual property infringements and other unfair competition in import trade in accordance with the section 337 of the US Tariff Act of 1930.And based on the results of the investigation,USITC will decide the procedure for granting relief measures to prohibit the import and sale of infringing products.Compared with judicial proceedings,it has the advantages of low filing standards,short trial time limits,and strong relief measures.Therefore,American companies are increasingly inclined to choose to protect their rights and interests through foreign exchange.With the enhancement of China’s independent innovation capability,it is not uncommon for enterprises from other countries to infringe upon China’s protected intellectual property rights.According to the relevant provisions of the foreign trade law of China,the competent foreign trade authorities of China have the right to investigate and take sanctions against the infringing goods when the imported goods infringe intellectual property rights and endanger the trade order.This is similar to the"section 337".But unfortunately,as these provisions are only in principle,no further details,poor operability,they did not really play a role in practice.This paper first introduces the different ways of China and the United States in dealing with unfair competition of intellectual property rights in import trade through relevant cases.Secondly,by introducing the program design and punishment measures of the"337 investigation"system in the United States,the characteristics and advantages of the system are summarized.Thirdly,it introduces the three way of China’s intellectual property administrative protection system and analyzes the deficiencies of China’s unfair competition system for intellectual property in import trade.Finally,by referring to the"337 investigation"system of the United States and combining with China’s national conditions,this paper explores and constructs the unfair trade investigation system of intellectual property with Chinese characteristics from the aspects of legislation,relief measures and judicial relief,so as to improve the administrative protection of intellectual property in China’s import trade.