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DISRUPTIVE TECH---causes disputes and decks imports.

Section 337 = unfair import investigations - investigate imports for IP infringements

Li and Chen ’20 [June 2020; Wei Li, Intellectual Property Institute, Jinan University, Guangzhou, Guangdong Province, People’s Republic of China; Yichao Chen, School of Law, Jinan University, Guangzhou, Guangdong Province, People’s Republic of China; "A Study of the Influence of Intellectual Property on China–U.S. Trade Relations"; Sage Journals; https://journals.sagepub.com/doi/pdf/10.1177/2158244020915899; accessed 7-1-2024; Lowell-EL]

Regarding research on the current situation of intellectual property trade barriers built by America, the details of trade investigations carried out in the country are discussed in most cases. He Xingqiang (2008) analyzed the reasons why America has built an intellectual property trade barrier since 2004 and then proposed the viewpoint that China–U.S. trade disputes occur as driven by intellectual property business groups in America under the background in which the American government intensifies intellectual property protection. Liao Li (2015) deemed that law enforcement efforts in intellectual property continue to increase unilaterally, biliterally, and regionally in America. For example, law enforcement criteria for intellectual property stipulated in the Trans-Pacific Partnership Agreement (TPP) are enormously more rigorous than the standards provided in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). In addition, Cui Riming (2007) systematically summarized the causes of China–U.S. trade friction in moving toward intellectual property protection. He considered that America turn to novel means, such as the Section 337 Investigation, in the circumstance that conventional trade remedy measures such as anti-dumping no longer satisfy the need to suppress products “Made in China.” By virtue of such new means with certain required characteristics, America is able to more effectively suppress Chinese products and enterprises. Moreover, studies by Xu Yuan (2011) found that the intellectual property barrier, with the feature of fierce market aggressiveness, mostly takes form with enterprises as its subjects in new and high-tech fields. Despite non-uniform judging standards, unbalanced settings among various countries and the absence of institutional constraints create a rather solid legal foundation and a higher level of concealment.

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