In September 6th, sponsored by the Ningbo City Bar Association and Ningbo Jiangdong District Justice Bureau, Beijing law firm, Ningbo the patent and Trademark Office jointly hosted "understanding America patent rules to deal with America 337 investigation seminar" in PCG (Ningbo) law firm successfully held.

Deputy director of the Bureau of justice Hu Guopeng, Jiangdong District, Ningbo all patent affairs Dong Mengfei general manager, Wang Tao, the Beijing Yingke Law Firm Ningbo branch executive director and from Ningbo city much home company representatives, lawyers attended the seminar

The seminar invited well-known international intellectual property litigation lawyer Hu Yitai, American Auston international law firm lawyers Christopher Geiger patent agent J. (Christopher J.Gegg), Wang Xing made guest speakers.

Hu Yitai lawyers for business more than 20 years, has rich experience in patent cases, treatment, has for many years been Chamber 's Global column expert for the American IP litigation. In this seminar, the lawyer for the participants speech about American patent litigation rules. He explained to USA intellectual property legal background, and emphasizes the importance America "Economic Espionage Act" to the Chinese regions and American jury system. At the same time, introduces the difference America different venue: USA Federal District Court, 337 investigation procedure and America patent and Trademark Office to handle patent cases characteristics.

On the USA 337 investigation, the lawyer said that many enterprises about 337 China discoloration. Cause the reason is, the 337 final time is only 15 months, half other litigation ruling time, many enterprises have not had time to react, litigation has ended. And this litigation injunction will be 100% of execution, which means that was once lawsuit failed will lose the America market. But according to statistics, in recent years the investigation procedures involving Asia 337 survey 66% of the company. These are the reasons for many China enterprises 337 investigation has great fear.

Talking about how to properly handle the intellectual property litigation American time, Hu Yitai lawyers put forward several suggestions include: enterprises should leave the jury a good attitude, determined that the witness, no infringement and patent effective defense, the jury / judge / executive judge perspective "common sense", but also the whole litigation process to focus on customer attitude.

In his speech, Hu also said the cycle USA patent litigation, and the amount of compensation is huge, although there are a lot of patent litigation cases each year, but these cases really to only 3% session program.

Another speaker -- a partner at the law firm Alston&Bird LLP Christopher J. Geiger (Christopher J.Gegg). Is a professional involved in the field of design patents and invention patents, patent infringement and validity of patent cases with all guests do share. Christopher introduced in 2011 America changes AIA amendment to patent application, including patent examining procedure and act in comparison. Christopher remind lies in the difference of product design review procedure and China survey in American patent office, America in the determination of patent infringement, the court American comparison is the similarity of infringing products with the patentee, not two product appearance similarity.

With the frequent trade, Sino US trade friction. Chinese enterprises in America seems to meet the "tort" soft nails, intellectual property has become the biggest challenge of Sino US trade. The USA manufacturers frequently encountered anti-dumping complaints, also become the "China manufacturing" to America export fetters, China enterprise dumping case has been ranked the top USA anti-dumping case. Ningbo as an export-oriented economy, are active in the region, many enterprises encounter was accused of "tort" dilemma when going abroad. This seminar, provides a let enterprises understand the American patent litigation platform, and the opportunity to upgrade the professional level, is conducive to the ability of foreign enterprises in our city to American patent rules to deal with American 337 investigation.

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USA "337 investigation from the" 337 clause ", so named because of the" American 1930 year tax law "section 337th, after the three major revision. The "337 terms" expressly authorized USA International Trade Commission (ITC) on the premise USA enterprise under investigation and prosecution, the Tribunal on the import of unfair trade practices. If the judge in violation of the "337 clause", ITC will issue an exclusion order (Exclusion Order), indicating America customs import ban the products. The results are relevant related product specific enterprises and the whole industry are unable to enter the USA market.

"Article 337" the import of unfair trade practices is divided into general unfair trade practices and relating to intellectual property rights and unfair trade practices. But almost all of the "337 investigation" cases involving intellectual property rights.

General unfair trade practices to the import of the goods American or in America sales using unfair methods of competition and unfair behavior, the threat of material damage or effect to America domestic industry, or hinder the establishment of the industry, or cause a restriction or monopoly behavior.

And the intellectual property rights of unfair trade practices, refers to the goods imported into the America violated America effective patent right, trademark right, copyright or integrated circuit layout design exclusive rights behavior. Of particular note is, "337 clause" does not require actual damage as the premise. This is usually the world intellectual property law to severe multiple.

"337 investigation" period is generally 12 months, difficult for 18 months. The procedure is: Usa Inc to sue ITC ITC; in 30 days to decide whether to put on record and notify the defendant; the defendant submitted a written reply and counterclaim within 20 days from the notification date; investigation and hearing complex; ITC award. If they are not satisfied the ITC ruling, may apply to the federal appeals court. In the entire research process, the ITC has the authority to issue temporary exclusion order. If the ITC ruling for the plaintiffs, ITC can provide limited exclusion order, general exclusion order and injunction relief measures to the Usa Inc. The general exclusion order (General exclusion orders) is the most ferocious, it not only for the company's products, also similar to the infringing products for all companies are effective. While other countries have similar provisions. In fact, many countries have accused the American "337 clause" in violation of the principle of national treatment. While the Chinese government officials also believe that it is "an unreasonable intellectual property protection act, the objective of imported products constitute a barrier to trade".