The measures that Chinese enterprises should take against international trade sanctions are as follows:
1. Pay attention to the development of independent intellectual property rights of enterprises. In the long run, only by increasing investment in science and technology, establishing a research and development system under the leadership of large enterprises, and forming independent and independent technological innovation capabilities as soon as possible, so as to obtain more intellectual property rights, can we fundamentally avoid and leapfrog the structures built by developed countries. intellectual property barriers.
2. Carry out pre-export intellectual property investigations carefully. If you do not respect the rights of others, you will be accused of infringement by the rights holder, and low-priced products whose cost is not included in the intellectual property fee are also vulnerable to anti-dumping charges. Before exporting products, enterprises should first conduct relevant intellectual property investigations. If they find that there is a possibility of infringement of the intellectual property rights of foreign companies, they should modify the products in a timely manner to avoid becoming a defendant for intellectual property infringement. If there is a possibility of patent infringement, you can avoid the infringement by replacing it with a non-patented method, you can also obtain a license from the patent owner, or you can reach an agreement with the importer, who will bear responsibility for the infringement.
3. Establish an enterprise intellectual property management agency to improve the ability to respond to intellectual property litigation. Since intellectual property disputes or litigation involved in international trade are often highly professional issues, it is necessary for enterprises to set up an independent intellectual property department with dedicated personnel responsible for intellectual property work. Enterprises should analyze the pros and cons of whether to respond based on the cost of responding to the lawsuit, the actual losses and potential losses caused by not responding.
4. Make full use of the limitations of intellectual property barriers. Since intellectual property barriers have time, technology and geographical limitations and are dynamic, Chinese companies can improve the other party's core patents into new innovations more suitable for the local market through localized innovative design and combination. If the new patented technology requires the existing patented technology to adopt partially improved new innovations in order to achieve a higher level of development, the two parties will have mutual common needs, and thus the knowledge of both parties can be reached through negotiation. Through cross-licensing of property rights, intellectual property barriers in this field are also overcome.
5.
Take measures to reduce the cost of enterprises responding to the "337 investigation". In patent "337 investigation" cases, the attorney fees for each responding company are approximately US$1.2 million to US$1.5 million. Even in trademark "337 investigation" cases, attorney fees are generally US$500,000 to US$1 million. These high costs make companies prohibitive. Therefore, the government can provide appropriate legal aid to reduce the burden of companies responding to lawsuits. Moreover,
the government should communicate regularly with the US government and express to the US our dissatisfaction with the ITC's abuse of the "337 investigation". When communication is not effective, join other developing countries in filing a complaint to the WTO's dispute mediation body.