Patent-based Disputes in the US Import Trade with China: With Special References to the Parallel Development of MIC 2025 & AMP 2.0 and ITA2

서지정보

· 발행기관 : 이준국제법연구원
· 수록지 정보 : China and WTO Review / 3권 / 2호
· 저자명 : Yang Yu, Lei Zhang

목차

I. Introduction
II. The Current Status of Patent-based Disputes in the US Import Trade with China
A. The Current Import Trade of the US from China
B. Enforcement Mechanism of Section 337 in the US
C. The Current Status of Patent-based Disputes in the US Import Trade with China
III. The Future Innovation Strategy in Manufacturing Contained in MIC 2025
A. The Current Innovation Capacity Gap between China and the US
B. The Explicit Innovation Strategy in Manufacturing in MIC 2025
C. The Subsequent Relevant Measures
IV. The Innovation Strategy of Manufacturing in the Overall Reindustrialization Strategy
V. The Implications of Exploring Feasible and Effective Measures for Optimally Resolving Patent-based Disp utes in the US ImportTrade with China in the Context of the Parallel Development of MIC 2025 & AM P 2.0 and the ITA 2 in the WTO
A. The Possible Rise of the Quantity of Patent-based Disputes in the US Import Trade with China in a Specific Future Context - A Prime Example of IC Tindustry
B. Why China Has Adequate Motivation for Exploring Such Measures?
C. Why the US also Has Adequate Motivation for Exploring Such Measures?
VI. Conclusion
A. The Proposed Respective Measures for China
B. The Proposed Respective Measures for the US
C. The Proposed Joint Measures for Both Parties
References

영어초록

The current scale of the import trade of the US with China is significant and has the potential to be more in near future. However, patent-based disputes, especially in terms of Section 337 investigation, have also been increased in recent years. In the context of parallel development of national innovation strategies of China’s “Made in China 2025 Plan” and the American “Advanced Manufacturing Partnership,” along with the latest expanded “Information Technology Agreement” in the WTO trading system, the implications for optimally resolving patent-based disputes in the US import trade with China is highly significant for two countries. These disputes may even impact the world trade, since bilateral trade between China and the US accounts for a considerable proportion. Thus, both China and the US should take precautions and appropriate measures to guard against such potential frictions in order to attain mutually beneficial outcomes in resolving such disputes.

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