Research On "Section 337" Of The "Tariff Act Of 1930" Of The United States

On February 15,2019,us Innovative Foundry Technologies LLC filed an application with the us international trade commission under section 337 of the us tax code of 1930.Certain Semiconductor Devices,Integrated Circuits,and Consumer Products Containing the Same that are exported to,imported into,and sold in the United States infringe the patent rights of Certain Semiconductor Devices,Integrated Circuits,and Consumer Products Containing the Same.BBK Communication Technology Co.,Ltd.Of China,Vivo Mobile Communication Co.,Ltd.Of China,guangdong OnePlus Technology(Shenzhen)Co.,Ltd.Of China were listed as defendants.As of March 7,2020,the number of 337 cases investigated in mainland China as the respondent country has reached 630,ranking the first place among the respondent countries,causing great losses to China's foreign trade and China's export enterprises.337 survey is the effective measures to protect intellectual property,but because the investigation is helpful for domestic companies,the remedy is tough to have the characteristics of trade protectionism,in order to better cope with the 337 survey,protect the interests of Chinese enterprises in the export,it is necessary to have a thorough understanding of 337 survey on dependent legal basis-337 clause,by analyzing the mechanism and operation mode,in order to give our country enterprise should be a better way,protect the interests of our country enterprise in the import and export.Then expounds the background of section 337,historical evolution,through the analysis of the background and historical evolution,it is concluded that section 337 has the characteristics of the trade protection in the legislation,the significance of its existence and the purpose is to protect domestic industry and commerce,strict and standardized,as revised several times more today fully formed as a powerful tool for enterprises against foreign businesses in the United States.At the end of this chapter,by comparing article 337 with article 3 and article 41 of TRIPs agreement,it is concluded that article 337 is a violation of TRIPs agreement.The second chapter analyzes the implementation mechanism of article 337,namely the 337 investigation,introduces the responsibilities of the presiding institution of the 337 investigation,the rights and obligations of the participants,the duration of each procedure in the lawsuit,the result of the award and its types,and better understands the connection between each procedure through cases.In this way,I have a comprehensive grasp and understanding of the 337 investigation.And summed up the characteristics of 337 survey.Chapter four puts forward some Suggestions on how to deal with the 337 investigation based on the investigation and analysis of article 337 and 337 in the first three chapters.In view of the jurisdiction of 337 investigation,the author thinks that the self-innovation ability and patent importance should be constantly improved.The developed patents should be registered in the United States as early as possible.The former can avoid being the defendant,while the latter can lay the foundation for the enterprise to win the lawsuit if it is unfortunate to be the defendant.In addition,we should actively respond to the lawsuit,form enterprise alliance,and use the advantage of joint force to attack the arrogance of American enterprises that do not stop 337 investigation and hinder the development of Chinese enterprises.