ABSTRACT
At present, the global intellectual property protection issues are involving almost
all sectors of businesses. The internationalization of the market leads to the protection
of intellectual property rights and allows the emergence of international trade complex.
Along with the development of China's manufacturing industries, and enterprises to
follow the world trend of mainstream technology, intellectual property rights in the
Sino-US trade conflict is becoming increasingly fierce, 337 investigation has become
the main obstacles after the anti-dumping investigation of Chinese products exported to
the United States, more and more American businesses choose 337 investigations to
restrict rival products into the United States market. China has become the 337 surveys
biggest victim. So, this paper mainly researched the impact and restrictions from
China’s perspective, analyzed primary reason of Chinese 337 investigation’s trap,
through Yan Jialong’s successful case to get out some reveal, finally conclude the
measure and strategy.
This paper consists of four parts, the first part comprised details of Section 337 of
the United States and the source of proceedings, and compared with the anti-dumping,
the second part described the use of Section 337 of the United States on China's import
and export enterprises and the impact of trade restrictions; part III Analysis of reasons
of China's 337 investigations into plight: First, Chinese enterprises lack of export
commodities independent intellectual property rights, violations exist, second is the lack
of enterprises on the international market survey and feasibility study, thirdly the 337
provisions of the complex proceedings , time constraints and the high cost of dealing
with the reasons for limiting the respondent companies, fourthly trade associations and
government did not fully play its regulatory role, resulting in 337 investigations to
enable Chinese enterprises into the plight of China's enterprises to win. Part four is the
largest successful case in the United States 337 investigation - Yan Jialong flooring
industry succeeded in 337 investigation. This part deeply analyzed the judgment in
favor of the main reasons for that is active defense, the establishment of independent
innovation of intellectual property rights and the support of national and local
governments. Part V integrated this case and the investigation into the plight of 337
reasons, proposed the response to the Section 337 Chinese enterprises should take
strategic measures, that is, independent innovation of intellectual property rights in