Based On "337" Cases Investigated Of Intellectual Property Rights Dispute About Companies Of China And United States

With the development of Chinese manufacturing industry, Chinese trade number andvariety are increasing for America. The role of intellectual property in international tradeincreases prominent. Chinese and America’s enterprise intellectual property rights disputehave become increasingly fierce. In order to prevent the growing trade competitivenessand improve the local industry development, in recent years, America’s corporates havelaunched "337" investigation for Chinese companies frequently."337" clause is a fast wayto provide intellectual property to legal procedures and mechanisms."337" clause has ashort time trial and simple cognizance conditions. It’s responses costly and tough. Thedamage is large. Its characteristics have a significant impact on Chinese export enterprises.From1986to2012, the United States (ITC) launched147"337" surveies on Chinesecompanies. In recent years,"337" investigation is increasing. The main types of "337"investigation include patent infringement, trademark infringement, and other intellectualproperty rights infringement. Patent infringement accounted for the majority. From thepoint of regional distribution, it is mainly concentrated in the coastal zone and industrydeveloped cities. At present, the Chinese mainland enterprises has become the biggestvictims of "337" survey, instead of the Taiwan region. This is mainly due to its ownpolitical reasons, between sino-us trade imbalance, to maintain the competitive advantageof the United States and the Chinese enterprise’s own reason. This survey has becomemajor non-tariff barriers for Chinese enterprises to enter the American market and a keyfactor of industrial international competitiveness.Chinese enterprises should respond to the "337"(ITC) survey actively, not only toenhance their consciousness of intellectual property protection, but also to response tosuits vigorously, to find countermeasures to safeguard the legitimate rights. In addition,Chinese enterprises can make a negotiate with the United States actively to reducelitigation costs. At the same time, Chinese enterprises should enhance the research anddevelop independent intellectual property rights technology to improve intellectualproperty management ability and reinforce the international competitiveness to maintainindependent intellectual property rights. Finally, It is also very necessary to enhancecollege and enterprise’s cooperative innovation and cultivate a number of intellectualproperty professional personnel. Accumulating experience, and developing our coretechnology, establishing the perfect enterprise intellectual property strategy, our nationalenterprises will be stronger, and it will be in a new spring.