[introduction] In the past five years, more than one-third of the US 337 investigations have targeted Chinese products. (Editor's note: 337 investigation refers to the investigation conducted by the US International Trade Commission in accordance with Section 337 of the US Tariff Act of 1930 (referred to as "Article 337") and related amendments. It prohibits all unfair competition or the United States. Any unfair trade practices in export products.) Due to the ease of filing, the simplicity of the procedure, the wide jurisdiction and the large influence, the 337 investigation is now the most lethal trade weapon for domestic enterprises. So, is Section 337 really destined to be a permanent pain in the hearts of Chinese exporters? Let's take a look, as the first Chinese medical device company Yihe Jiaye, which won the 337 investigation, how to win. As a just two years after entering the US medical device market, Beijing Yihe Jiaye Medical Technology Co., Ltd., its ventilator products quickly caught the attention of American competitors, and encountered a 337 investigation in 2013. It lasted for one and a half years and cost tens of millions of RMB. It finally won the lawsuit on December 23, 2014. What kind of work did the Yihe Jiaye Intellectual Property Department do in order to achieve such good results? Rapidly develop response plans and actively develop patent analysis The 337 investigation, which began in 2013, was initially filed by ResMed, which filed six and eight patent infringements. Due to the late accumulation of intellectual property rights, Yihe Jiaye initially had only one manager of Du’s name to undertake related business. In the 20-day response period, it is very difficult to put forward the reasons for responding to the investigation. In the case of time, personnel and tasks are very urgent, there is no relevant case for reference. The patent department of Jardine Matheson only invested 300% of the time and effort in the relevant response. First, Jardine Matheson completed a comprehensive infringement analysis in the short term and made the company's corresponding decision. Whether the products promoted by the company fall within the protection scope of the other party's patents. Secondly, it is the analysis of product stability. At this stage, there is no need to do it, and it is too late to do it. Later, for infringement analysis and stability analysis, Jardine Matheson was commissioned a domestic third-party service agency. As an important part of the enterprise's intellectual property department, it is important to understand the 337 process, determine whether the infringement is or not, and what specific countermeasures are available. Seek professional partners and establish a benign communication environment Before seeking a professional law firm, Jardine Matheson consulted a large number of 337 investigation regulations and learned about the relevant cases that many Chinese companies encountered in their fields. After that, Jardine Matheson sought the help of a number of firms and asked them to give coping strategies and corresponding outcome expectations. Yihe Jiaye compares the given plans and brainstorms to achieve a comprehensive understanding of the case and response analysis. Although in this service, domestic firms are willing to provide services free of charge. However, Jardine Matheson has chosen a team of more experienced foreign lawyers. Among the many foreign legal service agencies, Jardine Joye finally chose a team of two Chinese lawyers, which is not only conducive to language communication. More importantly, the way of thinking in the communication process is barrier-free. The processing of the 337 investigation is particularly complicated and time is urgent. The foreign lawyer team has Chinese, and the transaction processing between the two parties will be smooth and efficient, and to a certain extent, the success rate of the case is guaranteed. Fast Shipping Laser Distance Sensor Hi there, Fast Shipping Laser Distance Sensor,Serial Laser Distance Sensors,USB Laser Distance Sensors,RS232 Laser Distance Sensors Chengdu JRT Meter Technology Co., Ltd , https://www.irdistancesensor.com
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