1. Attach importance 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 led by large enterprises, and forming independent technological innovation capabilities as soon as possible can we fundamentally avoid and cross the intellectual property barriers built by developed countries.
2. Seriously carry out pre-export intellectual property investigation. If you don't respect the rights of others, you will be accused of infringement by the obligee, and low-priced products whose costs are not included in the cost of intellectual property rights are also vulnerable to anti-dumping charges. Before exporting products, enterprises should first conduct relevant intellectual property investigations. If it is found that the intellectual property rights of foreign companies may be infringed, the products should be modified in time to avoid being accused of intellectual property infringement. If there is the possibility of patent infringement, we can avoid it by replacing non-patented methods, or we can get permission from the patent owner or reach an agreement with the importer, and the importer will bear the tort liability.
3. Establish enterprise intellectual property management institutions to improve the ability to deal with intellectual property litigation. Because intellectual property disputes or lawsuits involved in international trade are often highly professional issues, it is necessary for enterprises to set up an independent intellectual property department, with a special person in charge of intellectual property work. Enterprises should analyze the advantages and disadvantages of responding according to the costs, actual losses and potential losses caused by not responding to the lawsuit.
4. Make full use of the limitations of intellectual property barriers. Because intellectual property barriers are limited and dynamic in time, technology and region, China enterprises can improve each other's core patents into new innovations that are more suitable for the local market through localized innovative design and combination. If the new patented technology makes the existing patented technology have to adopt some improvements and new innovations to achieve a higher level of development, then both parties will have mutual needs, so a cross-licensing of intellectual property rights can be reached through consultation, and the intellectual property barrier in this field will be crossed.
5.
Take measures to reduce the cost of responding to the "337 investigation" by enterprises. In the patent "337 investigation" case, the lawyer's agency fee of each responding enterprise is about 6.5438+0.2 million to 6.5438+0.5 million dollars, even in the trademark "337 investigation" case, the lawyer's agency fee is generally 5 to 6.5438 million dollars. These high costs discourage enterprises, so the government can provide appropriate legal aid to reduce the burden of responding to lawsuits. In addition,
The government should always communicate with the US government to express our dissatisfaction with ITC's abuse of the "337 investigation". In the case of poor communication effect, join other developing countries to appeal to the WTO dispute mediation body.