Probe Of Intellectual Property Rights Disputes Issues In Sino-US Trade Friction

Sino-American relationship is one of the most important and complex bilateral relations in the world. Relationship between the two countries makes significant influence not only on Sino-US but also the whole world. And in every aspect of Sino-US relationship, the development of economic and trade is the most important one. With the continuous development of science and technology, an important symbolic industry has emerged into economic development, namely the intellectual property economy. A country's economic development has been conditioned by the acquisition and protection of intellectual property.From the point of view, the world is directed to the development of knowledge economy, the protection of intellectual property rights should be at the top. The United States is the world's most powerful country in economy and technology. The American have known that'Intellectual Property Rights makes wealth and prosperity'. America pay special attention to intellectual property rights, so they pay more attention to the protection of intellectual property rights, perfecting its intellectual property legislation, with strong and very effective intellectual property enforcement system, also have a set of experience in the aspects of legislation and enforcement. This can make its intellectual property play the role of core competitiveness, reflecting the national competition advantage. It will make a lot sense to understand the gap between China and the United States, to grasp the modernization and internationalization of intellectual property legislation, it will also bring beneficial inspirations for China to establish perfect intellectual property management system, strengthen intellectual property protection and the implement intellectual property strategy.At present, the United States is China's second largest trading partner, second export market, the first six source of imports. China is the second largest trading partner, the third largest export market and the first source of import to America. With China's the deepening reform and opening up and the rapid growth of export, the Sino-US trade has developed rapidly. Meanwhile, the trade conflict between China and the US is increasing, and intellectual property rights disputes have never extinguished. The US mainly use Special 301 and Section 337 clause to deal with Chinese intellectual property problems, applying pressure to Chinese government and enterprises. The United States trade representative put China into Priority Watch List in the annual Special 301 Rport. American enterprises frequently use Section 337 clause to file litigation against Chinese products exported to America, and the mainland China has become the biggest victims of Section 337 investigations. Chinese enterprises'export potential has suffered a lot, market share has been occupied. The number of companies involved in has been increasing, the product structure has been upgraded, Chinese enterprises have been completely in a disadvantaged situation.To reverse disadvantaged situation, to strengthen the protection of intellectual property, and to promote healthy and sustained development of Sino-US trade relationship, it not only need to analyze the protection system of American intellectual property, the deep reasons of disputes, also need to study the influence Chinese enterprises have suffered, and the most important thing is the correct countermeasures generated by Chinese government and enterprise.Based on the above consideration, this article is dissertated from the following five aspects:The first part is introduction. This section is written to describe the research background and significance of this article, summarizes the current research status of intellectual property protection.The second part mainly introduces the relevant concepts of intellectual property rights, characteristics and scope, expounds the relationship between intellectual property protection and international trade.The third part expounds the relevant laws of the protection of intellectual property in the American foreign trade field, focusing on Special 301 and Section 337, analyses the differences between them and their devastating power. The fourth part is about the extension of Sino-US intellectual property rights disputes in Sino-US trade conflict. Based on the current situation that America more and more use Section 337 to proceed against Chinese enterprises and the involved product areas are becoming wilder and wilder, reviews the history of Sino-US intellectual property rights disputes, uses a case to illustrate 337 investigations analyzes a variety of reasons causing these disputes,and effects to China and the world.The fifth part mainly puts forward China's response to U.S. powerful system of intellectual property rights protection, including the government and enterprise's' strategies and countermeasures. Improvement of intellectual property protection, legislation and enforcement in China, strengthening self-directed innovation capability, is the real and effective way to solve the Sino-US intellectual property rights disputes.