由于337调查由美国行政部门进行,国家商务主管部门对此也非常重视,也非常支持企业应诉。行业协会作为行业自律组织,也对应诉持积极态度。作为涉案企业,应依照美国知识产权法律和其他法律,通过国内律师和美国律师的帮助出庭应诉,维护企业权益。
附:337条款相应条文
Sec. 1337. Unfair practices in import trade
(a) Unlawful activities; covered industries; definitions
(1) Subject to paragraph (2), the following are unlawful, and when
found by the Commission to exist shall be dealt with, in addition to any
other provision of law, as provided in this section:
(A) Unfair methods of competition and unfair acts in the
importation of articles (other than articles provided for in
subparagraphs (B), (C), (D), and (E)) into the United States, or in
the sale of such articles by the owner, importer, or consignee, the
threat or effect of which is--
(i) to destroy or substantially injure an industry in the
United States;
(ii) to prevent the establishment of such an industry; or
(iii) to restrain or monopolize trade and commerce in the
United States.
(B) The importation into the United States, the sale for
importation, or the sale within the United States after importation
by the owner, importer, or consignee, of articles that--
(i) infringe a valid and enforceable United States patent or
a valid and enforceable United States copyright registered under
title 17; or
(ii) are made, produced, processed, or mined under, or by
means of, a process covered by the claims of a valid and
enforceable United States patent.
(C) The importation into the United States, the sale for
importation, or the sale within the United States after importation
by the owner, importer, or consignee, of articles that infringe a
valid and enforceable United States trademark registered under the
Trademark Act of 1946 [15 U.S.C. 1051 et seq.].