Nearly half of the hottest 337 surveys are targete

2022-10-02
  • Detail

Nearly half of the "337 survey" are targeted at China. How will Chinese led enterprises respond

according to the Ministry of Commerce, on March 6, fraen Corporation filed an application with the U.S. International Trade Commission in accordance with Section 337 of the tariff act of 1930, accusing the U.S. International Trade Commission of infringing its patent rights on LED lighting devices and components exported, imported or sold in the United States, and requesting the U.S. International Trade Commission to issue a general exclusion order and a prohibition order

six Chinese enterprises, including Guangzhou Haoyang Electronics Co., Ltd., Guangzhou Lehu Electronics Co., Ltd., Guangzhou Caiyi Lighting Co., Ltd., Guangzhou Xuanyi lighting equipment Co., Ltd., Guangzhou Feixing lighting equipment Co., Ltd. and Wuxi Changsheng special light source electrical appliance factory, are listed as the respondent enterprises

according to the observation of senior engineering led, in September 2017, Philips Lighting North America Corp. of Somerset, NJ and Philips Lighting Holding B.V. of Eindhoven, Netherlands filed a 337 application for investigation with the United States ITC, claiming exports to the United States The product imported and sold in the United States uses or contains stolen trade secrets (the U.S. registered patent numbers are 6586890, 7038399, 7256554 and 765, which originally stipulated that only class a materials can be used, 262559 and 8070328), and requested the U.S. ITC to issue a general exclusion order (or limited prohibition order) and a prohibition order

in November 2017, the United States International Trade Commission (ITC) voted to launch a 337 investigation on LED lighting equipment, LED power supply and its components (investigation Code: 337-ta-1081). The survey covers LED lighting devices (such as lighting devices and bulbs that use LEDs as light sources) and their components, LED power supplies, reflectors, and optics

what is 337 investigation

337 investigation refers to the investigation conducted by the United States International Trade Commission (USITC) in accordance with Section 337 of the tariff act of 1930 (hereinafter referred to as "article 337") and relevant amendments. It prohibits all unfair competition or any unfair trade in products exported to the United States

337 the objects of the investigation are the infringement of American intellectual property rights by imported products after too long-term development and other unfair competition in import trade

nearly half of the investigations in the United States are targeted at China

according to insiders, at present, large brand LED lamps in European and American countries need to be purchased in China, and European and American countries no longer produce products in this regard, so it is unlikely that the LED lighting industry will be subject to anti-dumping investigations. However, if China and the United States really launch a trade war, the United States is more likely to impose sanctions on D lighting enterprises around China's Le piston through technical trade measures

technical trade measures are in the form of national or regional technical regulations, agreements, standards and certification systems (conformity assessment procedures). The most commonly used in the United States is "337 investigation"

it is observed that the "337 survey" of the United States on China was launched in May and January, and June is also the month when the survey was launched with a high incidence. The "337" survey is mainly based on intellectual property investigation, and in the past three years, it has mainly focused on the electronic industry and manufacturing industry with a certain technical content

judging from the number of "337" surveys launched by the United States against China in the first half of the last three years, the number of "337" surveys increased significantly in 2016, with a total of 83 in the first half of 2016, 22 in the first half of 2015 and 42 in the first half of 2017. In other words, China has become the largest victim of the "337 investigation" of the United States. In the related cases that have been adjudicated, the losing rate of Chinese enterprises is as high as 60%, far higher than the world average of 26%

there is no doubt that the "337 investigation" with "infringement of American intellectual property rights" as a sharp weapon has made Chinese lighting enterprises suffer from the lack of core patents, but we have to face up to this situation

with the development of China's LED lighting industry in the future, not only Europe and the United States, but also other countries are likely to face patent disputes caused by core technology. Only by mastering core technology and intellectual property rights in their own hands can they win in all kinds of confrontation

Copyright © 2011 JIN SHI