The Enlightenment Of U.S.section 337 On China's Intellectual Property Border Measures

Intellectual property border measures are a double-edged sword.On the one hand,it is a sharp tool to prevent and stop the infringement of intellectual property rights in import and export trade;on the other hand,it is easy to be abused as a barrier to intellectual property rights that hinders the freedom of trade.As a typical representative of intellectual property border measures,the 337 clause of the United States has always been known for its low threshold of initiation,fast procedures and severe sanctions.In order to deal with the 337 investigation and strengthen the border measures of intellectual property,the research on the 337 clause has never not stopped in China.The 337 investigation initiated according to Article 337 has the characteristics of simple starting,restricting the rights of the accused,large discretion of the subject and severe sanction,etc..As a quasi-judicial procedure,its modification centers on the theme of strengthening the Protection of intellectual property rights and perfecting the relevant procedures under the framework of WTO.Its exclusionary order,stopping order and temporary relief measures can provide all-round protection for intellectual property rights,and play a great role in deterring infringement of intellectual property rights.Compared with the regulation of 337 clause on the infringement of intellectual property in the import process,China's intellectual property border measures can not meet the increasing demand for border protection with the improvement of domestic intellectual property level.In the Border Protection of intellectual property rights in China,the scope of border measures is narrow,the main body of the implementation of relevant measures is only the customs,the Ministry of Commerce protection is missing.And the import and export procedures are the same,there is no specific protection procedures for imported products,customs protection is easy to be abused.This has led to China's intellectual property border measures more to protect the interests of foreign intellectual property owners.Therefore,it is worth discussing how to speed up the improvement of intellectual property border measures and even establish quasi-judicial procedure similar to 337 investigation.At this stage,China's innovation ability is constantly enhanced,the amount of intellectual property ownership and application is constantly increasing,and the domestic intellectual property protection system is becoming increasingly perfect.Therefore,it is necessary to strengthen the border protection of intellectual property in China,from expanding the scope of border protection of intellectual property,implementing the protection of the Ministry of Commerce,improving the customs protection procedures,regulating the abuse of border measures,and from legislative issues to law enforcement issues,so as to effectively improve the border protection of intellectual property in China.In this process,we should always pay attention to combining the actual situation of intellectual property border protection with the existing intellectual property protection system.