Ground fault circuit breaker (GFCI), LCD monitors, printers cartridges ... When the Chinese enterprises strive to enhance the technological content of products to the United States, section 337 investigation has become enveloped in the China import and export enterprise of a cloud.
From the Ministry of commerce statistics show that the first eight months of this year, the United States uses the substantial growth of 337 investigation 112.5% in the first 10 months, the United States has launched 16 for Chinese exporters of 337 investigation.
Why China enterprise to escape the torment of 337 investigation ","? 2 November, in the CIPS and Beijing Thompson intellectual property jointly organized after the crisis of "Chinese enterprises intellectual property rights in the era of opportunities and competitiveness" seminar, experts said that the trade between China and the United States and the current economic situation is the result of this situation. China enterprise to want to get rid of 337 investigation, should make greater use of the intellectual property strategy.
Trade situation cause friction continues
United States is an important trade partner in China, but during the Sino-US trade in goods, the United States has existed deficit. Beijing intellectual property agent Ltd, partner of Thompson Wang FA believes that Chinese companies in the world, in the international market by extrusion is a natural phenomenon. But in the current economic recovery is slow, not exclude trade protectionism of factors contribute to the United States uses the 337 investigation cases.
Statistics show that China has become the United States for seven years in a row 337 investigation than any other country. In a survey involving our 337, sued for patent infringement complaint over 80% of the relevant trademark infringement by 10%.
CIPS-General Zhang Yun before analysis, on the one hand, the above describes the current market competition is becoming more and more narrow, and intellectual property in the market growing role; on the other hand, as countries as well as the development of new energy technologies, in the field of intellectual property rights applications will more and more, and the resulting disputes may be more.
Experts point out that, as the Chinese export commodities structure changes and higher technology content of the increase in exports, the United States to China section 337 investigation of cases likely to increase.
This also has been recognized by us persons. Last month, 26, held during the u.s.-China seminar on section 337 investigation, the United States International Trade Commission (ITC) General Counsel James · lane on the 2010 337 investigations initiated by record number. "Although no one can accurately predict the future, but because the trade base is large, high-tech trade accounts for more, it seems the case will not be reduced. ”
Aside from having practiced intellectual property "Bon"
Section 337 investigation for China's export enterprises means huge losses. According to the United States the 1930 the first stages of the Tax Act, section 337 of the United States International Trade Commission responsible for the infringement in the US-registered intellectual property rights of unfair trade practices, and may take the exclusion order, restraining orders, and other measures to restrict imports of identified infringing products from entering the United States market. This means that, once the infringement, the Chinese exporters would exit the United States market. But before that, in order to respond to section 337 investigation, enterprises are often required to spend $ 10 million.
Experts said that the Chinese enterprises in the intellectual property rights of the weak is also suffering from frequent 337 investigation of enterprises. To this end, Wang FA, Chinese enterprises should seriously consider how to effectively prevent their own investigation of the causes. It can be said that a good intellectual property "Bon", Chinese enterprises still have the opportunity to get rid of 337 investigation of "torture".
Wang FA proposal, China's foreign trade enterprises should export commodities and technology, trademarks, designs, etc. are retrieved in order to avoid infringement of the right first. At the same time, we must strive to have the independent intellectual property rights, and in the United States applied for protection in a timely manner. In addition, you can avoid design to avoid patent infringement. When unable to avoid other people to have the right, you can consider a person with the right license contract or other form of cooperation. Finally, for export enterprises, if the goods entrusted by export, must, in agreement with the delegate explicitly intellectual property disclaimer.
He also reminded the export business, can increase the agreement in dispute in the arbitration clause, to avoid the United States International Trade Commission's jurisdiction.
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