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Section 337 of U.S. trade law research

Author: LiWei
Tutor: XinBaiChun
School: Heilongjiang University
Course: International Law
Keywords: Section 337 investigation International trade commission Exclusion Orders Chemical fiber case The border’s protection of intellectual property
CLC: DD912.29
Type: Master's thesis
Year: 2011
Downloads: 101
Quote: 1
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Abstract


The rapid development of the knowledge economy of today, the future of intellectual property to promote global trade has become a strong economic growth in the main. The world, especially developed countries have developed laws and regulations, through the establishment of a sound national system of border protection of intellectual property, international intellectual property protection strategy. 337 of which the most typical particularly in the U.S.. The product as a trade protection policy, 337 from the beginning to develop now, its many provisions are too harsh has been highly controversial. Although the United States in 1994, "Uruguay Round Agreements Act" made significant amendments to the articles, but only the surface of the article, of which there are still many conflicts with the WTO rules of substantive areas. In another context, with the reform and opening up and modernization in the depth, the Chinese economy has been rapid development, sustained and stable growth of Sino-US trade. However, trade also hidden behind the prosperity of risk, in recent years, the United States against Chinese imports start increasing the frequency of 337. The reason is mainly the face of our 337 survey companies in the negative attitude of arrogance as well as contributing to the U.S. border protection of intellectual property in China’s own system is imperfect, inadequate intellectual property protection to the United States to the impression. Although the U.S. 337 has been the policy of trade protection as the United States a powerful tool to use, but in the maintenance of their intellectual property infringement against foreign products in terms of legislation of our country still has important lessons. This paper on Section 337 of the Tariff Act of the United States the real elements, the program mechanism, while "337" and the comparative analysis of WTO rules, combined with analysis of Sino-US trade friction causes of Section 337, which put forward a sound border of Intellectual Property protection system and 337 Chinese enterprises to deal with the U.S. strategy in the investigation.

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