Research On The Countermeasures Of Chinese Enterprises To Deal With The U.S. Section 337 Investigation

With the expansion of the bilateral trade,trade disputes between China and the United States are increasing.Among them,that American enterprises frequently launched 337 investigations aimed at Chinese enterprises on the basis of protecting intellectual property rights becomes a major focus of trade disputes.The relief measures of the 337 investigation are very severe.So it has a great impact on foreign trade enterprises,which take the United States as the main export market.At present,more and more enterprises use the 337 investigation as its tool to realizing their market strategy.And the rule itself is more beneficial to the prosecution in the case.Therefore,it is urgent to study the rules of the 337 investigation and their changing trends to guide the work of our country's enterprises.Based on this,this paper uses the methods of literature research,historical analysis and case analysis to explain the countermeasures of Chinese enterprises when they encounter the 337 investigations.The specific countermeasures mainly include three aspects.First of all,from the perspective of reducing the risk of litigation,enterprises should comprehensively enhance their awareness of intellectual property rights,and the state should play a supporting role.Specifically,enterprises should strengthen the training and storage of IPR talents,and in-depth study of the United States intellectual property legal system and relevant provisions of Section 337.Enterprises should formulate intellectual property strategy in combination with their own reality and do well in risk prevention and control of intellectual property rights.Enterprises should also change the inherent concept that the 337 investigation is a big obstacle,and learn to turn "danger" to "machine" to turn the 337 investigation into a stage in the international community.The state should continue to further promote the intellectual property strategy.At the same time,the state should strengthen Customs Enforcement of intellectual property rights,and cooperate closely with the administrative departments at all levels to prevent infringement from spreading abroad.Moreover,the state can also consult with the United States timely within the framework of the WTO regarding the legitimacy of the 337 investigation.Secondly,in terms of the response strategy of the 337 investigation,the enterprise should focus on solving the problem of the funds,the problem of the selection of the respondent team and making full defense reasons in the case of specific cases.For the problem of the funds,the existing research mainly includes the joint action of the enterprise to share the cost,the establishment of a lawsuit fund and the construction of liability insurance of intellectual property right and the author complements and consummate the shortcomings.For the problem of the selection of the respondent team,the enterprise should take into consideration the cost of the respondent and the effect of the respondent.For the last problem,enterprises should abide by the provisions of the American law and learn from the past practice of litigation in China's enterprises.In general,the possible reasons for the defense include the non tort plea,the patent invalid or the patent non enforcement defense,the defense of the dissatisfaction of elements of "domestic industry",the defense based on public interest and the plea of exhaustion of rights.Finally,the enterprises can consider the use of non-litigation means to solve the problem.For example,Chinese enterprises can reach a settlement with the other enterprises,and they can also carry out mergers in the case of a large amount of funds,or put forward a counterclaim at the right time.