Research On The Application Of Intellectual Property Related Trade Measures By U.S. To China

Special 301 and§337 clauses are the two most important frequently applied clauses in U.S. legal system to protect Intellectual Property. With increasing and frequent use of the measures in the IP disputes between China and U. S., it is essential for us to study the two clauses. The author believes it will be helpful for Chinese government to deal with such IP disputes related with Special 301 or 337 clauses if we can make clear all the details of the two clauses, substantial and procedural, and the relationships inside and outside.The whole thesis is divided into five parts, from preface to the ending part. The main body is focused on the three chapters. In the preface, the author introduces the main purpose to write this thesis and points out the key issue the author wants to resolve. Next is the first chapter"About Special 301". In this part, the author first introduces the background of this provision, points out that it is originated from Section 301. The author then introduces the main content of Section 301 and the relationship between Section 301 and Special 301. Detailed introduction of the content of Special 301 is followed by an analysis of the consistency of Special 301 with GATT1994. The second chapter is"About Section 337". In this section, the author emphasizes on analyzing the characteristics of§337 ,comparing it with Special 301, domestic judicial system and GATT1994. The author then focuses on the application of the two provisions in the Sino-U. S. IP issues in the third chapter. In order to make it clearer, the author reviews three talks about Special 301 between China and U. S. and illustrates several cases about§337. Then the author makes some suggestions to the Chinese government and domestic manufactures regarding how to deal with Special 301 and§337 investigation. Finally, the author forecasts the future of the two provisions. The conclusion is that Special 301 and§337 are in conflict with the multilateralism tendency and WTO rules, and they will be abandoned by the world.