下面为大家整理一篇优秀的essay代写范文- 337 surveys in the United States，供大家参考学习，这篇论文讨论了美国的337调查。337调查是指美国国家贸易委员会根据美国《1930年关税法》第337节，对不公平的进口行为进行调查，并采取制裁措施的做法。现行337条款历经了内容修订和完善，ITC的权力不断扩大，337调查规制的范围逐步明确，对权利人的保护作用有所加强，其救济措施也更加多样化。
"337 investigation" refers to the practice of the us national trade commission investigating unfair import practices and imposing sanctions under section 337 of the us customs act of 1930. "Section 337", a total of over current tax law "America 1930 years ago, the trade reform act of 1974, the trade agreements act of 1979, tariffs and trade law in 1984, the comprehensive trade competition law in 1988 and the 1994 Uruguay round agreements for revising and improving the content, increasing the power of the ITC," 337 investigation ", gradually clear the scope of the regulation on the protection of the right holder was strengthened, the remedies are more diverse. As the threshold for 337 investigations continues to be lowered, more and more American companies are using it to contain imports and hurt competitors. The amendment of section 337 makes it an important legal means for the United States to control import trade.
The 337 investigation launched by the us against China has the following characteristics: first, the products involved are gradually concentrated in high-tech products. As of 2018, the most investigated products filed by Chinese companies against the us are mechanical and electrical patented products. Second, light industrial products; Pharmaceutical and medical equipment, steel and chemical industry products are also involved. Specific speaking, in a 2018 survey of 337 products involving Chinese enterprises fail mugs, solid-state drives, fuel pump, rope skipping, ink cartridges, LED lighting, LED display, blood cholesterol detector, all receive the arrow box, headset earpiece, water purifiers, carburetor, socket cover plate, height adjustable desk, unmanned aerial vehicles, strength training system, LTE and compatible with 3 g mobile communication equipment, electronic cigarettes, electronic cigarette smoke bombs, etc. Second, patent infringement is the main complaint, but in some cases, it creatively puts forward such rare points as anti-monopoly, anti-circumvention and trade secret. Third, the number of enterprises actively responding to lawsuits is increasing. A total of 84 Chinese companies were brought to the ITC in 2018; Of these, 39 Chinese companies have chosen to respond. Due to the complex litigation procedures, expensive lawyers and the great differences between the relevant legal system of 337 investigation in the us and China, most of the Chinese enterprises involved in the early stage chose to give up the litigation and their products were excluded from the us market by the USITC. With the increase in the number of china-related 337 investigations and the accumulation of experience in responding to lawsuits, Chinese enterprises are fully aware of the serious consequences of losing the 337 investigation, and the number of enterprises actively responding to lawsuits is gradually increasing. From 2015 to 2018, the proportion of Chinese companies responding to lawsuits increased year by year.
The "337 investigation" in the United States interfered with the normal production of domestic enterprises, and the enterprises suffered heavy losses. Due to the relatively weak foundation of China in the industrial fields with high value-added rate of science and technology, the lack of innovation ability, and the weak awareness of intellectual property rights, the United States could easily file lawsuits against China in the relevant fields. If the ruling is lost, companies suffer huge losses as a result of the bulk of their exports being stockpiled at ports or held up at American customs.
Chinese companies' response to the 337 survey should start from their own perspective. First of all, to improve the probability of success, it is necessary to master the patent weapon and enhance the enterprise's intellectual property awareness. In recent years, though, many domestic enterprises increasingly attach importance to the core technology research and development, and invest a large amount of manpower and material resources and financial resources, but due to the neglect of intellectual property rights and related legal issues is not yet clear, the core of the current our country patent still few, relatively backward technology, there are not enough attach great importance to the protection of patent application and problems of enterprise, by a foreign company registered patent and trademark events are occurring, and Chinese companies in such events shown inadequate experience to cope with the situation, and the weakness of the law on congenital, make Chinese enterprises frequently "337 investigation" by the United States. Secondly, to do a good job before the export of relevant preparations. Specifically, in the design and manufacture products for export before, to fully understand the current situation of protection of intellectual property rights in the field of industry, and to avoid infringing the existing patent property rights, possible should any infringement be found, it shall immediately take measures to use the replacement of generic methods to avoid involving infringement problems. In addition, when selling products in the exporting country, patent search should be carried out in advance to fully understand the current situation of competitors in the exporting country, pay attention to the market dynamics and consumer demand in the exporting country and region, and be ready to deal with various emergencies at any time. Thirdly, when responding to litigation, "public interest" can be reasonably used as a relief means. The "337 investigation" provides that when the ITC decides whether or not to grant injunctive relief to the plaintiff in the 337 investigation, the public interest shall by law be taken into account. The ITC may withhold injunctive relief from the plaintiff if it adversely affects the public interest. The following several kinds of typical case occurs, enterprise can consider increasing the legal defense, based on public interests for the ITC or court deny or adjust ban: when the product is diversified products, the function of the patents involved in the cover only a tiny part of the products involved ban will lead to excessive relief, will be involved in multiple products and the products in a large number of legal part out of the market, is not conducive to competition in the market and damage the interests of consumers. Faced with patent cockroaches and a host of companies being sued, an injunction would drive many out of business, severely weaken competition and threaten the entire industry. SEP holders improperly use the ITC or court to demand the sale of an injunction, prevent competitors from entering the market, and harm fair competition and consumer interests. In the above cases, enterprises should not only carefully prepare legal defense, but also attach importance to public relations and lobbying work, and pay attention to the logic of language and the infectivity of story in terms of skills. These approaches and skills will play an important role in seeking public interest relief. As the public interest relief is still in the stage of development and improvement, Chinese enterprises should consider comprehensive support strategies when dealing with complicated situations involving intellectual property issues. For example, they should take the initiative through domestic intellectual property litigation and anti-monopoly investigation to facilitate the reconciliation between the two parties.
As for the government, the Chinese government can launch a dialogue mechanism on issues related to the 337 investigation, and through consultation, modify unreasonable factors in article 337 to reach a consensus on reducing and solving the 337 investigation on Chinese enterprises. Since the introduction of article 337, it has been questioned by the international community. Up to now, many Chinese and foreign scholars believe that the establishment of article 337 and its procedures go against the principles of free trade, national treatment and prohibition of abuse of power in the agreement on trade-related aspects of intellectual property rights. Therefore, as a member of the WTO, the Chinese government can deeply study the trade discriminatory factors in article 337, actively use the WTO dispute settlement mechanism to safeguard its own interests, and file a complaint against the discriminatory trade practices of article 337 to force the United States to modify article 337. At the same time, it actively seeks mutual assistance and cooperation with other WTO member states, resource sharing and discussing countermeasures, and seeks solutions to restrict the effectiveness of article 337. If necessary, a WTO dispute settlement appeal may be attempted.
From the third aspect, it can be considered that relevant departments and industry associations can take the lead to establish an alliance organization with key industries of leading enterprises that may be sued in the future to deal with possible intellectual property disputes. The alliance shall have the following functions: take the alliance as the leading role, study the related intellectual property rights involved in the industry, lay a foundation for the layout of intellectual property rights of enterprises in the industry, and supervise and guide enterprises to respond to lawsuits well; Take the alliance as a whole to conduct related intellectual property negotiations with foreign enterprises or related organizations. The alliance comes forward to carry out patent authorization negotiation, patent exchange or cross-licensing negotiations with enterprises with patents. With the alliance as the core, we will strengthen the patent layout of related industries, focus on carrying out targeted research and development activities, and provide leverage for the ongoing patent authorization, licensing and exchange negotiations of the alliance.
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"337 investigation" refers to the practice of the us national trade commission investigating unfair import practices and imposing sanctions under section 337 of the us customs act of 1930. "Section 337", a total of over current tax law "America 1930 years ago, the trade reform act of 1974, the trade agreements act of 1979, tariffs and trade law in 1984, the comprehensive trade competition law in 1988 and the 1994 Uruguay round agreements for revising and improving the content, increasing the power of the ITC," 337 investigation ", gradually clear the scope of the regulation on the protection of the right holder was strengthened, the remedies are more diverse. As the threshold for 337 investigations continues to be lowered, more and more American companies are using it to contain imports and hurt competitors. The amendment of section 337 makes it an important legal means for the United States to control import trade.
The 337 investigation launched by the us against China has the following characteristics: first, the products involved are gradually concentrated in high-tech products. As of 2018, the most investigated products filed by Chinese companies against the us are mechanical and electrical patented products. Second, light industrial products; Pharmaceutical and medical equipment, steel and chemical industry products are also involved. Specific speaking, in a 2018 survey of 337 products involving Chinese enterprises fail mugs, solid-state drives, fuel pump, rope skipping, ink cartridges, LED lighting, LED display, blood cholesterol detector, all receive the arrow box, headset earpiece, water purifiers, carburetor, socket cover plate, height adjustable desk, unmanned aerial vehicles, strength training system, LTE and compatible with 3 g mobile communication equipment, electronic cigarettes, electronic cigarette smoke bombs, etc. Second, patent infringement is the main complaint, but in some cases, it creatively puts forward such rare points as anti-monopoly, anti-circumvention and trade secret. Third, the number of enterprises actively responding to lawsuits is increasing. A total of 84 Chinese companies were brought to the ITC in 2018; Of these, 39 Chinese companies have chosen to respond. Due to the complex litigation procedures, expensive lawyers and the great differences between the relevant legal system of 337 investigation in the us and China, most of the Chinese enterprises involved in the early stage chose to give up the litigation and their products were excluded from the us market by the USITC. With the increase in the number of china-related 337 investigations and the accumulation of experience in responding to lawsuits, Chinese enterprises are fully aware of the serious consequences of losing the 337 investigation, and the number of enterprises actively responding to lawsuits is gradually increasing. From 2015 to 2018, the proportion of Chinese companies responding to lawsuits increased year by year.
The "337 investigation" in the United States interfered with the normal production of domestic enterprises, and the enterprises suffered heavy losses. Due to the relatively weak foundation of China in the industrial fields with high value-added rate of science and technology, the lack of innovation ability, and the weak awareness of intellectual property rights, the United States could easily file lawsuits against China in the relevant fields. If the ruling is lost, companies suffer huge losses as a result of the bulk of their exports being stockpiled at ports or held up at American customs.
Chinese companies' response to the 337 survey should start from their own perspective. First of all, to improve the probability of success, it is necessary to master the patent weapon and enhance the enterprise's intellectual property awareness. In recent years, though, many domestic enterprises increasingly attach importance to the core technology research and development, and invest a large amount of manpower and material resources and financial resources, but due to the neglect of intellectual property rights and related legal issues is not yet clear, the core of the current our country patent still few, relatively backward technology, there are not enough attach great importance to the protection of patent application and problems of enterprise, by a foreign company registered patent and trademark events are occurring, and Chinese companies in such events shown inadequate experience to cope with the situation, and the weakness of the law on congenital, make Chinese enterprises frequently "337 investigation" by the United States. Secondly, to do a good job before the export of relevant preparations. Specifically, in the design and manufacture products for export before, to fully understand the current situation of protection of intellectual property rights in the field of industry, and to avoid infringing the existing patent property rights, possible should any infringement be found, it shall immediately take measures to use the replacement of generic methods to avoid involving infringement problems. In addition, when selling products in the exporting country, patent search should be carried out in advance to fully understand the current situation of competitors in the exporting country, pay attention to the market dynamics and consumer demand in the exporting country and region, and be ready to deal with various emergencies at any time. Thirdly, when responding to litigation, "public interest" can be reasonably used as a relief means. The "337 investigation" provides that when the ITC decides whether or not to grant injunctive relief to the plaintiff in the 337 investigation, the public interest shall by law be taken into account. The ITC may withhold injunctive relief from the plaintiff if it adversely affects the public interest. The following several kinds of typical case occurs, enterprise can consider increasing the legal defense, based on public interests for the ITC or court deny or adjust ban: when the product is diversified products, the function of the patents involved in the cover only a tiny part of the products involved ban will lead to excessive relief, will be involved in multiple products and the products in a large number of legal part out of the market, is not conducive to competition in the market and damage the interests of consumers. Faced with patent cockroaches and a host of companies being sued, an injunction would drive many out of business, severely weaken competition and threaten the entire industry. SEP holders improperly use the ITC or court to demand the sale of an injunction, prevent competitors from entering the market, and harm fair competition and consumer interests. In the above cases, enterprises should not only carefully prepare legal defense, but also attach importance to public relations and lobbying work, and pay attention to the logic of language and the infectivity of story in terms of skills. These approaches and skills will play an important role in seeking public interest relief. As the public interest relief is still in the stage of development and improvement, Chinese enterprises should consider comprehensive support strategies when dealing with complicated situations involving intellectual property issues. For example, they should take the initiative through domestic intellectual property litigation and anti-monopoly investigation to facilitate the reconciliation between the two parties.
As for the government, the Chinese government can launch a dialogue mechanism on issues related to the 337 investigation, and through consultation, modify unreasonable factors in article 337 to reach a consensus on reducing and solving the 337 investigation on Chinese enterprises. Since the introduction of article 337, it has been questioned by the international community. Up to now, many Chinese and foreign scholars believe that the establishment of article 337 and its procedures go against the principles of free trade, national treatment and prohibition of abuse of power in the agreement on trade-related aspects of intellectual property rights. Therefore, as a member of the WTO, the Chinese government can deeply study the trade discriminatory factors in article 337, actively use the WTO dispute settlement mechanism to safeguard its own interests, and file a complaint against the discriminatory trade practices of article 337 to force the United States to modify article 337. At the same time, it actively seeks mutual assistance and cooperation with other WTO member states, resource sharing and discussing countermeasures, and seeks solutions to restrict the effectiveness of article 337. If necessary, a WTO dispute settlement appeal may be attempted.
From the third aspect, it can be considered that relevant departments and industry associations can take the lead to establish an alliance organization with key industries of leading enterprises that may be sued in the future to deal with possible intellectual property disputes. The alliance shall have the following functions: take the alliance as the leading role, study the related intellectual property rights involved in the industry, lay a foundation for the layout of intellectual property rights of enterprises in the industry, and supervise and guide enterprises to respond to lawsuits well; Take the alliance as a whole to conduct related intellectual property negotiations with foreign enterprises or related organizations. The alliance comes forward to carry out patent authorization negotiation, patent exchange or cross-licensing negotiations with enterprises with patents. With the alliance as the core, we will strengthen the patent layout of related industries, focus on carrying out targeted research and development activities, and provide leverage for the ongoing patent authorization, licensing and exchange negotiations of the alliance.
想要了解更多英国留学资讯或者需要英国代写，请关注51Due英国论文代写平台，51Due是一家专业的论文代写机构，专业辅导海外留学生的英文论文写作，主要业务有essay代写、paper代写、assignment代写。在这里，51Due致力于为留学生朋友提供高效优质的留学教育辅导服务，为广大留学生提升写作水平，帮助他们达成学业目标。如果您有essay代写需求，可以咨询我们的客服QQ：800020041。
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