Legal Research On China’s Responding To U.S Section 337 Investigation

Due to the rapid rise of China’s high-tech industry represented by the computer and telecommunication equipment manufacturing industry and its considerable share in the US domestic market,the computer and telecommunication equipment manufacturing industry has become the main target of the U.S Section 337 Investigation in recent years.Although Chinese enterprises,represented by Huawei and ZTE succeed in most of the Section 337 Investigations issued by the United States,the Section 337 Investigations have brought serious negative impacts on the development of the U.S market by China’s computer and telecommunication equipment manufacturing industry.This impact is not only reflected in that China’s computer and telecommunication equipment manufacturing companies,represented by Huawei and ZTE,are seriously affected by the Section 337 Investigation and thus take the initiative to strategically withdraw from the US market,but also is reflected in that other enterprises in this industry even those enterprise not involved in the Section 337 Investigation stop expanding the U.S market,which seriously damages the normal trade between the China’s computer and telecommunication equipment manufacturing industry and the United States.Based on the serious damage caused by the Section 337 Investigation to the entry of Chinese enterprises into the U.S market,by referring to the experience of Japan of responding to the Section 337 Investigation,this paper conducts the legal research on responding to the Section 337 Investigation from China’s enterprises based on the responding to the Section 337 Investigation from China’s computer and telecommunication equipment manufacturing industry and further puts forward the advice of improving the legal protection of intellectual property rights in import trade.In addition to the introduction,this paper as a whole is divided into four chapters to discuss the legal research as follows.The introduction defines the corresponding problems,sets forth the purpose and the meaning of the study,the research method,and innovative points in combination with the research background and the results of current academic researches.The first chapter summarizes the U.S Section 337 Investigation,including the analysis of the historical background,substantive elements,basic procedures,and relief measures of the Section 337 Investigation.The second chapter analyzes the present situation of the Section 337 Investigation against China’s the computer and telecommunication equipment manufacturing industry and the corresponding legislation situation,including the basic situation of the Section 337 Investigation against the industry and the classic Section 337 Investigation case in the industry,and the current legislation situation of intellectual property rights protection in Chinese import trade and the defects thereof.The third chapter studies the system from Japan for responding to the Section 337 Investigation,including the analysis of the process of Japan’s responding to the Section 337 Investigation and the analysis of the experience of Japan’s responding to the Section 337 Investigation from the enterprise level and the system level.The fourth chapter is about the thought of improving the legal mechanism on China’s responding to the Section 337 Investigation,including the improvement of the prevention mechanism to respond to the Section 337 Investigation by the enterprise,the improvement of the Foreign Trade Law of PRC,and the improvement of the Chinese customs protection system of Intellectual property rights.