Dacheng Invites Chief of Bureau of Fair Trade for Imports and Exports to Lecture on Section 337 Disputes

In order for Dacheng to explore and develop new types of business relating to intellectual property, the Intellectual Property Division recently invited Li Xie, director of Bureau of Fair Trade for Imports and Exports, Ministry of Commerce, to brief on the latest US Section 337 claims against China and figure out business potential for Chinese lawyers concerning these claims at the Beijing headquarters. Mr. Li first introduced the targets of Section 337 investigations, the status quo of investigations launched against Chinese products and how Chinese enterprises coped with them. Then he analyzed the direction Section 337 investigations were moving to and Chinese government’s efforts and achievements. Finally, he elaborated on what role Chinese lawyers could play and what business potential they could tap into. Mr. Li also exchanged ideas on legal practice with attorneys from the Intellectual Property Division. He expressed his sincere hope for Dacheng attorneys to engage themselves in the new type of legal service and provide strong support for national industries aspiring to become global players.
 
Section 337 of the Tariff Act of 1930, subjected to major amendments since, serves as the legal basis for the investigations. According to this section, the US International Trade Commission (USITC) is authorized to look into claims of patent and trademark infringements by import goods. Starting from the 21st century, Section 337 investigations has become less a means of trade protection than an important strategic instrument for U.S. to enforce U.S. trade policy and beat international rivals. In recent years, developing countries, China in particular, have constantly been targeted by USITC. In 2012, China was confronted with more Section 337 investigations than any other country in the world for the tenth consecutive year. At the beginning of this year, Beijing-based Intellectual Property Division, well aware of the complexity and particularity of Section 337 investigations, mobilized a team of attorneys to delve into the investigations and keep themselves updated on the latest developments, with the aim of exploring new areas of practice. The study team was open to interested attorneys from all offices.