An Analysis Of The Combined Application Of Section 301 And Section 337 Of The U.S.Trade Law To China

In the trade relations between China and the United States,intellectual property trade frictions and disputes have always been a very sensitive topic.With the continuous development of the new trade relations with intellectual property as the link,the conflicts and trade frictions between the two countries in the new energy industry,high-tech manufacturing industry,electronic information industry and other strategic emerging industries continue to deepen.The U.S.trade system is highly legislative,In the new round of trade frictions between China and the United States,the two-way cooperation means of "301 clause" and "337 clause" are used.At the same time,the "301 clause" is used to continuously make troubles on China's intellectual property protection system and related policies and practices,and at the same time,the "337 clause" is also used to investigate China's enterprises' frequent lawsuits.Therefore,it is of great significance to study the application and development trend of these two terms for the industry response and trade development of both sides.In the first part of this paper,the process of the emergence and perfection of "301clause" and "337 clause" as well as the reasons and events behind them are elaborated in detail from a historical point of view,so as to have a deeper understanding of the current law on the basis of understanding the real intention of legislators;The second part makes a comparative study of the two current legal provisions from the aspects of entity,procedure and implementation subject,in order to understand the essential differences and their respective characteristics in the design of "301" and "337" in the comparison;In the third and fourth parts,the application of the two clauses is explained by combing specific cases,This paper analyzes the historical reasons and influences of the disputes between Japan and the United States based on "301 clause" and the cases involving Chinese enterprises based on "337 clause",And learn from it,hoping to have a more suitable judgment on the trend of intellectual property disputes and more adequate preparation in the face of investigation;In addition,the fifth part of this article is based on the content of the clause itself and the application of the clause,and puts forward some suggestions for the government,industry and enterprises in the face of investigation and legislative improvement.Finally,the conclusion is drawn that the "301 clause" and "337 clause" of American trade law will strengthen the combined application of our country from two aspects of "attack" and "defense",and may even evolve more specific provisions for the situation of ourcountry's intellectual property rights.Therefore,China still needs to keep a calm attitude and deal with it carefully.