301Provision、337Provision And Intellectual Property Friction Of Sino-us Trade

In the1990s, the world economy two prominent characteristics of the era are the "economic globalization" and the."knowledge economy", both of which blend performance is the intellectual property rights, it has become an important support of technical standards and technical barriers to trade, linking between technology and economic trade. Intellectual property rights not only to infiltrate among the goods and services trade, but gradually evolved into a worldwide movement of independent trade-Intellectual Property trade, and which is playing an increasingly important role in the international trade and investment, In the WTO framework, it rose to become one of the three pillars of international trade. In the technology-oriented international markets, intellectual property rights and exclusivity inherent monopolistic make intellectual property protection into a trade policies and barriers, which distorts the normal economic development in developing countries and had a tremendous impact to its export trade.Since the establishment of diplomatic relations, the intellectual property is an important part of the Sino-US economic and trade relation, and has never stopped trade disputes. In the late1990s, the United States Trade Representative has repeatedly pointed out that China’s domestic market counterfeiting and piracy is a serious problem and give U.S. companies, individuals causing huge economic losses. U.S. frequently use of "Section301" for China’s domestic intellectual property protection to pressure on and take sanctions against Chinese government, so economic and trade relations between the two countries were once very tense. During this period, the two countries mainly through bilateral consultations to resolve the dispute and reached more than one intellectual MOU. In this way, the two countries’ conflicts and frictions in the field of protection of intellectual property have been effectively resolved.After joining WTO, Sino-US trade has become increasingly frequent, the increasing size of the U.S. trade deficit with China increased year by year, also will continue to accumulate trade friction, especially in the field of intellectual property disputes escalating. The United States is the world’s largest developed country, with the most stringent intellectual property protection and improvement of relevant laws and regulations, trade system highly Legislation. And China, as a developing country, intellectual property law started late, still not yet mature stage, can’t fully meet the same standards of the United States, legislative, judicial, law enforcement and other aspects, there are still many loopholes. Although the post-WTO China has carried out a series from these changes and additions, but the United States on China’s IPR protection status of discontent continues unabated. Sino-US trade in intellectual property rights, the United States spent more and more turned to " Section337" for litigation and negotiations, trying to build high barriers to intellectual property rights in its domestic market, to restrict imports of Chinese products. Sino-US trade disputes of Intellectual Property become even more intensified.Sino-US trade disputes of intellectual property rights have been seriously damaged bilateral economic and trade relations, as the dispute is deepening of China’s opening and the rapid development of Sino-US economic and trade relations, so we should continue to maintain the development of Sino-US economic and trade relations to resolve their differences. We need to establish a systemic system constituted of government, industry and enterprises, and the three joint collaborate to improve the competitiveness of China’s export commodities, to radically reduce and defuse intellectual property disputes, so can the country occupy ground in the international intellectual property strategy.In this paper, the main contents and characteristics is the United States and its closely related to intellectual property protection legal provisions Trade " Section301" and the Tariff Act "Section337" of the legal changes, and to compare these two articles, analysis of the U.S. more and more use " Section337" instead of " Section301" towards China, that is to protect their own interests in foreign markets products mainly turned to restrictions on foreign products to enter its market-oriented reasons. This shift set up a major obstacle for our products entering into the U.S. market and should be taken seriously. The reasons for continued Sino-US intellectual property trade disputes are also explored, that blame the United States not only its own economic, political and other factors, China also exist multiple responsibilities. To Finally, based on the previous analysis, the dispute settlement measures from two levels of government and enterprises made some personal opinion that the government should strengthen legal construction and improve law enforcement and implementation of intellectual property strategy, providing a favorable policy and legal environment; Companies should raise awareness of IPR protection, enhance independent innovation capability, responding to skills training, and actively respond to U.S. litigation, and the establishment of early warning mechanisms to plan ahead.