China's LED flash industry to deal with the United States 337 survey

Recently, the China Chamber of Commerce for import and export of mechanical and electrical products held a 337 investigation and early warning conference, Fujian, Zhejiang, Guangdong and other places led camera industry part of the production company was summoned to attend the meeting. Participants involved in the meeting on how to deal with the United States 337 survey conducted a full exchange of consensus. In order to protect the legitimate rights and interests of more effective enterprise of our country, especially the United States boycott of foreign enterprises by means of non-tariff barriers to engage in unfair competition, the United States attempt to monopolize the market, decided to take measures to actively respond to.

According to early warning information, the United States Lee Teuk Panzhihua (LitepanELs) company to the United States International Trade Commission filed charges from Chinese, Italy and the United States exports to the United States or a light pickup device sales in the United States LED 14 companies (China 6, including Fujian Fuzhou fresh image equipment Co., Ltd.) 5 patent infringement a request for the respondent, launched 337 investigations, and issued a general exclusion order matters issued a warning.

In recent years, the United States frequently used 337 survey methods to limit Chinese imports, in 2010 the United States International Trade Commission launched 337 investigation of 58 cases, including 19 cases of the survey respondent relates to Chinese enterprises account for the investigation of the number of 1/3, the vast majority of products for mechanical and electrical products, especially electronic information technology products. For 337 cases of responding to the program is very complicated, usually takes more than a year and a half even years, in the process of litigation and litigation lawyers and the workload is huge, expensive, generally for millions or even millions of dollars, so many companies involved especially small and medium enterprises prohibitive, even unable to cope with. But once you abandon the respondent, it means not only their own products will be deported, but also because of "general exclusion order" led to all similar products to other countries, regardless of whether the source and the whole, be excluded from the US market, its negative impact is very serious.

337 investigation is an administrative measure taken by the United States to protect its local businesses from other countries. From the case of view, in 2010 China's exports to the United States involved in LED products of about $1 million, although the amount of trade is very small, but the product is a new energy saving and environmental protection products, there is a huge market potential. At present, the total market in the United States has reached 30 million U.S. dollars, there will be more room for growth in the future. China's high quality, low cost products, in the U.S. market has a strong competitive power, the United States of the LED flash camera equipment companies pose a direct threat.

The prosecution Lee Teuk Panzhihua company is one of the United States LED photoflash equipment is one of the few production enterprises, by virtue of its monopoly position in the U.S. market, the main government procurement oriented and group purchasing market, occupy the absolute market advantage. According to the relevant international authorities to determine the performance of its products behind, the quality is not high and the market price is high. Because of the high quality and inexpensive China similar products into the U.S. market, its competitive advantage in the market is greatly reduced, and thus chose to use 337 non tariff barriers such administrative means of investigation, to suppress opponents Chinese.

By the relevant professional in the field of intellectual property and social institutions in China search analysis, China's LED enterprises responding to the 337 video light survey according to relevant greater odds, the search report is directly related to the patent of the global total of 198 patents, patent prosecution is invalid or not can be implemented in the obvious. But the prosecution by hand Chinese enterprise means of non-tariff barriers, including 337 investigation methods do not understand, partly in response to such investigations must pay astronomical litigation and lawyer fees, difficulties, abuse in the United States under the protection of the government, the hope can let the Chinese enterprises do not fight, the United States LED camera hand over the lamp market of American enterprises.

In order to safeguard the lawful rights and interests of enterprises Chinese, maintaining the order of fair competition of international trade, the relevant functional institutions of Fujian Province, first get in touch with Fuzhou fresh, detailed knowledge of 337 investigations, active mobilization and coaching the company to carry out the work. Fresh company said, with the prosecution of patent invalidation as the breakthrough point, combined with other enterprises involved in Guangdong, Zhejiang, the United States, including Chinese lawyers hired lawyers responding, to maintain the fair international trade order, to ensure that China create a proper share in the United States and the global market.

The agency said, to deal with the U.S. 337 investigation, the first to take the initiative as a study and research including the international trade rules of the United States 337 survey, firmly establish the consciousness of subject, choose domestic lawyers has long-term mechanism and the United States International Trade Commission to deal with and record significant protection, organize lawyers legal litigation, intellectual property rights include the professional team of lawyers, actively face. At the same time, based on the long-term, increase R & D investment, improve the ability of technological innovation, pay attention to the accumulation and protection of independent intellectual property rights.

Fujian Fuzhou fresh image equipment Co., Ltd. is a research and development, production and sales, professional photography, camera equipment and video equipment technology development, production and sales of private enterprises. The company is committed to independent research and development of high technology and high quality products to meet market and customer needs, a variety of products has won the domestic and foreign patent ownership certificate, including the domestic design patents and utility model patents, Germany, EU, Hongkong, the United States patent for design etc.. The company is currently applying for a variety of other products have been patented patents at home and abroad