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1、 Essay写作范文参考-美国的337调查这篇Essay写作范文主要讨论了美国的337调查。337调查是指美国国家贸易委员会根据美国1930年关税法第337节，对不公平的进口行为进行调查，并采取制裁措施的做法。现行337条款历经了内容修订和完善，ITC的权力不断扩大，337调查规制的范围逐步明确，对权利人的保护作用有所加强，其救济措施也更加多样化。337 investigation refers to the practice of the us national trade commission investigating unfair import practices and imposi
2、ng sanctions under section 337 of the us customs act of 1930. Section 337, a total of over current tax law America 1930 years ago, the trade reform act of 1974, the trade agreements act of 1979, tariffs and trade law in 1984, the comprehensive trade competition law in 1988 and the 1994 Uruguay round
3、 agreements for revising and improving the content, increasing the power of the ITC, 337 investigation , gradually clear the scope of the regulation on the protection of the right holder was strengthened, the remedies are more diverse. As the threshold for 337 investigations continues to be lowered,
4、 more and more American companies are using it to contain imports and hurt competitors. The amendment of section 337 makes it an important legal means for the United States to control import trade.The 337 investigation launched by the us against China has the following characteristics: first, the pr
5、oducts involved are gradually concentrated in high-tech products. As of 2018, the most investigated products filed by Chinese companies against the us are mechanical and electrical patented products. Second, light industrial products; Pharmaceutical and medical equipment, steel and chemical industry
6、 products are also involved. Specific speaking, in a 2018 survey of 337 products involving Chinese enterprises fail mugs, solid-state drives, fuel pump, rope skipping, ink cartridges, LED lighting, LED display, blood cholesterol detector, all receive the arrow box, headset earpiece, water purifiers,
7、 carburetor, socket cover plate, height adjustable desk, unmanned aerial vehicles, strength training system, LTE and compatible with 3 g mobile communication equipment, electronic cigarettes, electronic cigarette smoke bombs, etc. Second, patent infringement is the main complaint, but in some cases,
8、 it creatively puts forward such rare points as anti-monopoly, anti-circumvention and trade secret. Third, the number of enterprises actively responding to lawsuits is increasing. A total of 84 Chinese companies were brought to the ITC in 2018; Of these, 39 Chinese companies have chosen to respond.
9、Due to the complex litigation procedures, expensive lawyers and the great differences between the relevant legal system of 337 investigation in the us and China, most of the Chinese enterprises involved in the early stage chose to give up the litigation and their products were excluded from the us m
10、arket by the USITC. With the increase in the number of china-related 337 investigations and the accumulation of experience in responding to lawsuits, Chinese enterprises are fully aware of the serious consequences of losing the 337 investigation, and the number of enterprises actively responding to
11、lawsuits is gradually increasing. From 2015 to 2018, the proportion of Chinese companies responding to lawsuits increased year by year.The 337 investigation in the United States interfered with the normal production of domestic enterprises, and the enterprises suffered heavy losses. Due to the relat
12、ively weak foundation of China in the industrial fields with high value-added rate of science and technology, the lack of innovation ability, and the weak awareness of intellectual property rights, the United States could easily file lawsuits against China in the relevant fields. If the ruling is lo
13、st, companies suffer huge losses as a result of the bulk of their exports being stockpiled at ports or held up at American customs.Chinese companies response to the 337 survey should start from their own perspective. First of all, to improve the probability of success, it is necessary to master the
14、patent weapon and enhance the enterprises intellectual property awareness. In recent years, though, many domestic enterprises increasingly attach importance to the core technology research and development, and invest a large amount of manpower and material resources and financial resources, but due
15、to the neglect of intellectual property rights and related legal issues is not yet clear, the core of the current our country patent still few, relatively backward technology, there are not enough attach great importance to the protection of patent application and problems of enterprise, by a foreig
16、n company registered patent and trademark events are occurring, and Chinese companies in such events shown inadequate experience to cope with the situation, and the weakness of the law on congenital, make Chinese enterprises frequently 337 investigation by the United States. Secondly, to do a good job before the export of relevant preparations. Specifically, in the design and manufacture products for export before, to fully understand the current situat
