On May 24, 2011, the “International Seminar on
Section 337 Investigations” was held in Nanjing of Jiangsu Province,
with the Department of Commerce of Jiangsu Province serving as the
sponsor, and Jun He Law Offices and United States International Trade
Commission (USITC) as co-organizers.
JK Sucralose Inc. was invited to participate in the
Seminar as the only Chinese enterprise that took the initiative to
participate in the Section 337 Investigations conducted by USITC and was
recognized as an enterprise without infringement. AN Lijun, General
Manager of JK Sucralose, attended the Seminar and had heated discussions
with American lawyers and other enterprise representatives about the
problems confronted by Chinese enterprises when dealing with Section 337
Investigations. In addition, he also discussed with USITC’s lawyers
about how Chinese enterprises took the initiative to control the process
of the Section 337 Investigations.
Ding Yusheng, director of the Bureau of Fair Trade
under the Department of Commerce of Jiangsu Province, and Luo Jin,
section chief of the Bureau of Fair Trade for Imports and Exports under
the Ministry of Commerce, delivered a speech at the Seminar
respectively. They introduced status quo confronted by Chinese
enterprises to deal with Section 337 Investigations and expressed their
hopes to, through the Seminar, enhance Chinese enterprises’
understanding of ITC-337 Investigation, raise their awareness and
ability of dealing with ITC-337 Investigation and safeguard their legal
rights and interests in accordance with law. Later on, Irving A.
Williamson, vice president of USITC and lawyers specialized in
intellectual property right of Association for Trial Lawyers of America
respectively introduced the process, causes of lawsuit and remedy
measures of Section 337 Investigations.
Background of the Seminar:
“337 Section Investigations” are measures adopted
by the U.S. targeted at unfair acts (mainly refer to infringement of
intelligent property right) in the import trade. Once an infringement of
intellectual property rights is recognized, a General Exclusion Order
will be issued to stop infringing imports from entering the United
States. Due to China’s increasing trades with the United States, Chinese
enterprises become the target being guarded against by foreign
countries, with a surging number of Chinese enterprises involved in the
investigations cases conducted by the United States.
To carry out in-depth Sino-U.S. economic and trade
cooperation, enhance exchanges in the field of intellectual property
right and improve Chinese enterprises’ ability to guard against and deal
with risks in the international operation, the Ministry of Commerce of
the People’s Republic of China and USITC have organized a series of
exchange activities centering on Section 337 Investigations since 2009,
in a bid to help Chinese enterprises acquire an in-depth understanding
of intellectual property rights involved in the United States,
especially the understanding of and countermeasures for Section 337
Investigations, and assist Chinese enterprises in their efforts to guard
against and solve the risks of intellectual property right when
developing American market. JK Sucralose was invited to participate in
the “International Seminar on Section 337 Investigations” for three
consecutive years as the only model of Chinese enterprises that took the
initiative to response to the lawsuit in the Section 337 Investigations
and obtained a non-infringement judgment.
Ding Yusheng (director of the Bureau of Fair Trade
under the Department of Commerce of Jiangsu Province), Irving A.
Williamson(vice president of USITC) and AN Lijun (General Manager of JK)