Wang Jiabin: Chinese enterprises overseas intellectual property litigation and Countermeasures

At the conference, Beijing City cubic law firm senior partner, Chinese and American lawyer Dr. Wang Jiabin, on the "analysis" overseas intellectual property case and Countermeasures China respondent companies do a thorough report.

First of all, Dr. Wang Jiabin reviewed the history of Japan (60-70's), South Korea (80s) the rise in the process experienced by European and American companies accused of infringement of intellectual property litigation, it becomes inevitable in the throes of enterprise internationalization. Such as: IBM, IBM v. Fujitsu case, MITSUBISHI v. Hitachi case, IntEL v. NEC etc.. Intellectual property rights are the prevailing rules of the international economic arena.

As China has become an important role in the world arena, the 337 lawsuit has become the focus of Sino US trade. The adjustment of China's industrial structure and the change of the structure of export products from the low cost, low value-added products to high value-added products, from the "quantity of exports" to "quality exports" gradually change. China's technological innovation capability and the gradual establishment of independent intellectual property rights, to bring pressure on international competitors. 337 cases of Chinese enterprises rose year after year. In 2008, there were 4 cases involving Chinese companies. In February alone, there have been 3, the highest in history.

"337 investigation" from the United States "1930 year tax law" section 337th and the name, is a quasi judicial action authorized by the United States congress. "Section 337" authorized by the United States International Trade Commission (ITC) in the United States under the premise of the prosecution, the unfair behavior in the field of "import" and "improper means" with the power to investigate and tribunal over a wide range of which have the right to prohibit these products into the U.S. market. Almost all of the "337 investigation" cases involving intellectual property issues.

In the report, Dr. Wang Jiabin analyzes the similarities and differences of the 337 district court litigation and procedures for us: the substantive law is basically the same, the 337 lawsuit without jury system and relief measures, 337 more combat exclusion orders and 337 lawsuits have a clear timetable, faster (12-18 month trial end) third party intervention from the survey date third, any party may apply in the 337 survey, the premise is ITC or ALJ based on the judgment, 337 survey and the third party is directly related to the interests of.

Dr. Wang believes that in the face of the 337 survey, the total enterprise coping strategies should be Chinese actively face, to the interests of the industry by the respondent, when the wave in a timely manner, the interests of affiliated enterprises should join hands to avoid the passive situation, guiding and leading role of government, Industry Association and the long-term and fundamental way, effective patent and patent layout pool construction.

In addition, Dr. Wang Jiabin pointed out that it is necessary to establish an early warning mechanism for export, that is, the United States export enterprises, before signing the contract, should be entrusted with the intellectual property rights of the intellectual property companies to conduct an investigation. At the same time, strengthen research and development, with independent intellectual property rights, master advanced weapons, learn and familiar with the use of intellectual property rules of the game.

Finally, Dr. Wang once again stressed that the face of foreign intellectual property litigation, deeply analyzes the internal operation mechanism, to understand and grasp the "rules of the game", when intellectual property litigation is used as a tool of international market, they should face actively, strive for initiative, strengthen self construction of intellectual property rights is a long-term plan.

Source: China Semiconductor Lighting Network