Nearly half of the “337 surveys” will respond to Chinese Chinese LED companies.

According to the Ministry of Commerce, on March 6, the US company Fraen Corporation filed an application with the US International Trade Commission in accordance with Section 337 of the US Tariff Act of 1930, accusing the United States of America for exporting, importing or selling LED lighting equipment in the United States. The Contain LED Lighting Devices and Components Thereof infringes its patent rights and requests the US International Trade Commission to issue a general exclusion order and a prohibition order.

Guangzhou Haoyang Electronics Co., Ltd., Guangzhou Lefox Electronics Co., Ltd., Guangzhou Caiyu Lighting Co., Ltd., Guangzhou Xuanyi Lighting Equipment Co., Ltd., Guangzhou Feixing Lighting Equipment Co., Ltd., Wuxi Changsheng Special Light Source Electrical Appliance Factory The Chinese company is the listed company.

According to Gaogong LED observation, in September 2017, the United States Philips Lighting North America Corp. of Somerset, NJ and the Netherlands Philips Lighting Holding BV of Eindhoven, Netherlands filed a 337 investigation application with the US ITC, arguing for exports to the United States, imports in the United States, and The product sold in the United States uses or contains stolen trade secrets (US registered patent numbers 6,586,890, 7,038,399, 7,256,554, 7,262,559 and 8,070,328), The US ITC is requested to issue a Universal Exclusion Order (or a Limited Injunction) and an injunction.

In November 2017, the US International Trade Commission (ITC) voted to initiate a 337 investigation on LED lighting equipment, LED power supplies and their components (survey code: 337-TA-1081). The investigation involved LED lighting equipment (such as lighting equipment and light bulbs using LEDs as light sources) and their components, LED power supplies, reflectors and optics.

What is the 337 investigation?

The 337 investigation refers to the investigation conducted by the United States International Trade Commission (USITC) in accordance with Section 337 of the US Tariff Act of 1930 (referred to as Section 337) and related amendments. What is prohibited is any unfair competition or any unfair trade in exports to the United States.

337 The investigation targets the infringement of US intellectual property rights by imported products and other unfair competition in import trade.

Nearly half of the US surveys target China

According to industry insiders, at present, large brands of LED lights in Europe and the United States need to be purchased in China, and European and American countries no longer produce such products. The LED lighting industry is unlikely to be subject to anti-dumping investigations. However, if China and the United States really start a trade war, then the United States is more likely to impose sanctions on Chinese LED lighting companies through technical trade measures.

Technical trade measures are in the form of national or regional technical regulations, agreements, standards, and certification systems (conformity assessment procedures). The most commonly used in the United States is the “337 Survey”.

According to observations, the US “337 investigation” initiated time in China was concentrated in May, January, and June. The “337” survey was mainly based on intellectual property surveys. In the last three years, it was mainly concentrated in certain technical content. Electronic industry and manufacturing.

From the first half of the last three years, the number of “337” surveys initiated by the United States against China shows that the “337” survey in 2016 has increased significantly. There were 83 in the first half of 2016, 22 in the first half of 2015 and the first half of 2017. Start. In other words, China has become the biggest victim of the US “337 investigation”. In the relevant cases that have been decided, the turnover rate of Chinese companies is as high as 60%, far higher than the world average of 26%.

Undoubtedly, the "337 investigation" with the "infringement of US intellectual property rights" as a weapon has made Chinese lighting companies suffer from the lack of core patents, but we have to let us face this situation.

In the future, with the development of China's LED lighting industry, not only in Europe and the United States, but also in other countries, it is very likely to face patent disputes brought by core technologies. Only by mastering the core technology and holding intellectual property in its own hands can it be in various types. Win the battle.

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