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1、中美产权贸易摩擦现状及应对措施分析摘 要近年来，中美两国经济在相互依靠不断加强的同时，彼此之间的摩擦及冲突也在不断升级。其中中美产权贸易摩擦日渐成为中美贸易摩擦的焦点，已成为中国企业对美出口的最大障碍。中国企业频频遭遇美国有关产权的337调查，时至今日中国己经成为美国产权调查最主要的调查对象和最大的受害国。这不仅给涉案的中国企业造成巨大的经济损失，同时也严峻阻碍了我国对外贸易的平稳安康开展。面对上述局面，无论从理论意义上说，还是从实践意义上看，中美产权贸易摩擦都值得探讨。本文在学术界已取得的相关探讨根底上，首先对中美产权贸易摩擦的现状进展描述，而后分析了摩擦的现状特征，然后剖析了中美产权贸易摩
2、擦产生的缘由，接着又阐述了中美产权贸易摩擦对中国的影响。进而结合我国实际状况，提出了我国应对中美产权摩擦的应对措施。关键词：中美 产权 贸易摩擦 337调查 应对措施 Analysis of Counter-measure and Current Situation of Sino-US Property Rights Trade FrictionAbstract In recent years, Sino-US economic interdependence continue to strengthen. At the same time, the friction and conflic
3、t with each other are constantly upgraded. Sino-US trade friction in which Property is becoming the focus of Sino-US trade friction, Chinese companies have become the biggest obstacle to exports to the U.S. Chinese companies frequently suffer from the U.S. 337 investigations related to Property, tod
4、ay China has become the most important American Property rights investigaters and the biggest victim of the survey. This is not only to Chinese companies involved in the case who suffered great economic losses, but also a serious impediment to Chinas stable and healthy development of foreign trade.
5、Facing the mentioned situation, both from theoretical sense, and from the practical point of view, Sino-US trade friction of Property rights are worth studying. This article has been made on the basis of academic communitys related research.Firstly,the article described the current situation of Sino
6、-US Property Rights trade friction, and then analyzes the current characteristics of friction, and then analyzes the causes of Sino-US Property rights trade friction, and then they described the effect of China-US Property rights trade friction to China. And then according to the current situation i
7、n our country, put forward our counter-measure to the trade friction of Sino-US Property rights.Key words: Sino-US；Property；Trade friction；337 survey；Counter-measure；外文文献Analysis of Counter-measure and Current Situation of Sino-US Property Rights Trade disputeFirst，The United States and protection o
8、f Property disputes Status Chinas accession to WTO, the rapid development of Sino-US trade, which China exports to the U.S. more than 30% annual increase, from 92.5 billion U.S. dollars in 2003 to 203.5 billion U.S. dollars in 2006, the U.S. trade deficit with China is growing. Moreover, in anti-dum
9、ping, countervailing and safeguard measures and special safeguard measures, technical trade, exchange rate and other aspects of friction are also increasing. 5 November 2003 the former Minister of the United States Department of Commerce Evans on The Wall Street Journal published an article entitled
10、 U.S. fair competition, China The article, that the current lack of reciprocity in trade relations between the United States and a major source of friction Among them, the lack of protection of Property in China to the United States, undervalued currency, Chinas opaque legal and other reasons that t
11、he U.S. provoked the dispute with China. Thus, the United States has formed a political Property rights - trade deficit - the thought patterns of unemployment, the U.S. has been the lack of protection of Property in China U.S. trade deficit as an excuse and justification. China, the United States in
12、 2006 launched the Special 301 review and the sub-provincial review; 2007 to the WTO dispute settlement body against Chinas impact of Property protection and enforcement measures, the lawsuit; the same time, involving China, the United States 337 investigation of cases also increased rapidly. Second
13、, Sino-US disputes over Property protection reasons Sino-US disputes between Property protection a long time, but also presents the growing trend. According to U.S. officials and civil society organizations issued statements and documents, that the Sino-US IPR disputes in China is largely due to pro
14、blems in IPR protection, such as serious violations, law enforcement, lack of transparency of law enforcement. However, the dispute led to Sino-US Property protection reasons, not just listen to one side of the United States, but also to see the other side. The reason why successive U.S. protection
15、of Property disputes, and its three main reasons: 1, Chinas huge trade surplus with the United States Since Chinas reform and opening up diplomatic relations with the United States since the two countries have achieved rapid economic development, China has gradually changed from the U.S. trade defic
16、it to trade surplus, and the favorable balance of expanding. Statistical standards as reasons for the discrepancy between the two countries, the U.S. trade deficit with China Gengshi Bi statistics, China Customs figures higher than a length, the amount is huge shocking. Because the U.S. textile, ste
17、el, automobile and other competitive advantages in the international market have gradually lost the owners of domestic textile, steel and auto makers to put pressure on the Government, caused the rise of trade protectionism. U.S. government in order to meet these domestic forces, but also keep the d
18、omestic economic problems due to huge trade deficit, frequently put pressure on China. 2, China-US economic relations of unequal international status Sino-US economic and trade relations also lead to unequal Sino-US trade friction and dispute the importance of Property protection reasons. The United
19、 States is the worlds largest economy and largest country in foreign trade, many countries have to rely on the U.S. market, so the U.S. influence on other countries can be said to be enormous, and China is no exception. However, in turn, the U.S. dependence on China is very low. In such unequal trad
20、e relations under the premise, China often in a passive position, struggling to cope with, or even to maintain its economic development had in the policy formulation and implementation to make concessions. The United States is relying on its economic superiority and advanced technology, protection o
21、f Property rights in proper name, to limit our companys competitiveness in domestic and foreign markets in order to protect their Property rights and market advantages purposes. 3, the Chinese still need to further improve the IPR protection system Chinas accession to the World Trade Organization, P
22、roperty protection has become the countrys main economic policy.Property rights of foreign trade activities in the situation has clearly improved, but there are also some problems. Chinas current economic and trade reforms have not yet fully completed, in conflict with WTO rules repeal the laws and
23、regulations, modification, coordination, and legislation is still in progress; of the WTO dispute settlement mechanism are not familiar with the rules and procedures and lack of experience, can not effectively use of relevant laws and regulations safeguarding the legitimate rights and interests of o
24、ur country; in the implementation, there is still the overall problem of inadequate law enforcement, failure to abide strictly enforced, impunity is very serious. At the same time, many of our weak awareness of Property business, piracy is serious. Third, the Sino-US dispute on IPR protection of Chi
25、na Property relations are in the Sino-US relations can have a major impact, because the relationship between Sino-US Property rights are politicized, that is, Property issues in Sino-US relations is not only a legal issue, it is not only an economic and trade problems, but also a political issue. Ca
26、n also say that Sino-US relations China-US Property Rights under the influence of political relations, the two countries has increasingly become a political objective to achieve an effective means, while also gradually have the interests of both countries to coordinate and control the relationship b
27、etween the direction of bilateral relations the political function. The one hand, the performance characteristics of Sino-US relations in the United States intensified the conflict between, on the other hand the performance of the growth in the possibilities for cooperation. The role of China-US rel
28、ations lies in Property: its possible cooperation in Sino-US relations from the developed to the necessity of cooperation provides a deterministic path; Property rights and political relationship between Property legal system for China to have an important impact on the process .To fulfill the first
29、 IP agreement. China in 1992 and revised Patent Law to expand the scope of patent protection, extending the term of patent protection, enhanced patent protection, and improve the patent approval process. The legal system on Property law revised and strengthened Property agreement, is deep in Chinas
30、opening up the case of continuously carried out, in general terms, in line with the overall economic and social development requirements. The political relationship between China and the U.S. Property rights to Property rights in China ahead of the legal system and speed up the process. 中文翻译：中美产权爱护争
31、议及其应对策略分析一, 中美产权爱护争议现状 中国参与WTO以来,中美贸易开展迅猛,其中,中国对美国出口每年递增30%以上,已从2003年925亿美元增至2006年2035亿美元,美国对华贸易逆差那么日益扩大。不但如此,在反倾销, 反补贴, 保障措施及特殊保障措施, 技术贸易, 汇率制度等方面的摩擦也日渐增加。2003年11月5日美国商务部原部长Evans在华尔街日报发表了题为美国公允竞争,中国呢的文章,认为“目前缺少对等是美中贸易关系发生摩擦的主要根源。其中,中国对美国缺少产权爱护, 人民币汇率低估, 中国法律的不透亮等缘由使得美国挑起对华争端。由此可见,美国政界已形成了产权-贸易逆差-失业
32、的思维模式,美国始终将中国对产权爱护不力作为美国贸易逆差的借口和理由。2006年美国对中国发起了“特殊301条款审查并进展分省审查;2007年向WTO争端解决机构提出针对中国的“影响产权爱护和执行的措施的诉讼;同时,美国对中国涉及“337调查的案件也快速增加。 二, 中美产权爱护出现争议的缘由中美两国之间的产权爱护纷争由来已久,而且呈现愈演愈烈的趋势。依据美国官方和民间组织发布的声明和文件来看,认为中美产权纷争的主要缘由在于中国在产权爱护方面存在问题,例如侵权现象严峻, 执法不力, 执法缺乏透亮度等。但是导致中美产权爱护纷争的缘由,不能只听美国的一面之辞,还要看到问题的另一面。中美产权爱护纷争
33、之所以接连不断,其主要缘由有三点: (一)中国对美贸易的巨大顺差 自中国改革开放及美建交以来,两国经贸取得了突飞猛进的开展,中国也由对美贸易逆差渐渐转变为贸易顺差,并且顺差额不断扩大。由于两国统计口径不一样的缘由,美国统计的对华逆差更是比中国海关统计的数字高出一截,数额之巨令人骇人动目。 由于美国纺织品, 钢铁, 汽车等在国际市场上竞争优势渐渐相继丢失,国内纺织业主, 钢铁及汽车生产商对政府施加压力,引起了国内贸易爱护主义的抬头。美国政府为了迎合这些国内势力,也不断将国内经济问题归结于巨额贸易逆差,对中国频频施压。 (二)中美经济关系国际地位的不对等 中美经济贸易关系的不对等也是引发中美贸易摩
34、擦及产权爱护纠纷的重要缘由。美国是世界上第一经济强国,也是最大的从事对外贸易的国家,很多国家都要依靠着美国的市场,所以美国对其他国家的影响力可以说是巨大的,中国也不例外。但是反过来,美国对中国的依存度却很低。在这样不对等的贸易关系的前提下,中国就往往处于被动的地位,疲于应对,甚至为了维护本国经济开展而不得不在有关的政策的制定和执行上作出让步。而美国正是依托自身经济优势和先进技术水平,在爱护产权的“正值名义下,限制我国企业在国内外市场的竞争力,以此到达维护其产权优势和市场优势的目的。 (三)中国产权爱护体系尚需进一步完善 我国参与世界贸易组织后,产权爱护已成为国家的主要经济政策。对外贸易活动中的
35、产权状况已有明显的改善,但同时也存在一些问题。我国目前的经济贸易体制改革尚未完全完成,及WTO规那么相抵触的法律法规的废止, 修改, 协调及立法仍在进展中;对WTO争端解决机制规那么和程序的不熟识和经验缺乏,不能够有效地运用相关法律法规维护我国正值权益;在执行上,仍旧存在整体执法力度不够的问题,有法不依, 执法不严, 违法不纠现象非常严峻。及此同时,我国很多企业的产权意识淡薄,侵权盗版现象严峻。 三, 中美产权爱护争议对两国的影响 产权关系之所以在中美关系中能够产生重要的影响,是因为中美产权关系被政治化,也就是说,产权问题在中美关系中不仅是一个法律问题,也不仅是一个经贸问题,而且还是一个政治问
36、题。也可以说,中美产权关系在中美政治关系的影响下,越来越成为实现中美两国政治目标的有效手段,同时还逐步具备协调和限制两国利益关系, 影响两国关系走向的政治功能。中美关系的特点一方面表现在中美之间冲突的加剧,另一方面表现在合作可能性的增长。中美产权关系开展的作用在于:它对中美关系从合作的可能性开展到合作的必定性供应了一条确定性的路径;产权关系政治化对中国产权法制化进程也产生重要的影响。为了兑现第一个产权协议的内容。中国于1992年修改的专利法中扩大了专利爱护的范围,延长了专利爱护期限,强化了专利权的爱护,完善了专利权审批程序。关于产权法律制度修订和加强产权执法的协议,是在我国对外开放不断深人的状
37、况下进展的,从总体上来看,符合我国经济社会开展的总体要求。而中美产权关系政治化使我国的产权法制化的进程提前和加快了。 Sino-US trade friction and the reasons for the evolution of Property Second, the Sino-US trade friction and the evolution of Property Mainland China has from the 80s of last century and the United States on Property disputes, many times a di
38、spute and reach an agreement. To intensity, this may all based on the U.S. Special 301 investigation brought the case is unprecedented. (A) the first Property dispute The first Property disputes in the late 80s. April 1989, the U.S. Trade Representative Office issued a Report of the external trade b
39、arriers, the United States accused China of failing to provide adequate and effective intellectual protection, especially copyright system in the patent system and there is a serious defect, it will be China included in the key observation of the State list. (B) The second Property disputes Property
40、 disputes in the second from 1991 to 1992. April 26, 1991 included the United States trade representative to China, focus countries list, and that Chinas patent law protection of your range is not enough; copyright law is not fully worked out: The computer software does not come under the protection
41、 of literary works. At the same time launched the Chinese laws, policies and other aspects of investigations. The two sides during the war, while in trade retaliation has conducted several rounds of consultations, culminating in the January 17, 1992 signed the first agreement on Property protection.
42、 (C) The third in the relevant Property disputes Occurred in 1994, the third Sino-US Property dispute. February 1994, the U.S. trade representative accused China: Property since 1992 invasion to vote straight up; trademark infringement very serious phenomenon: lack of transparency in law enforcement
43、: the United States towel States copyright and patent rights do not provide adequate and effective protection . April 30, 1994, in the Special 301 annual adjustment Lian , The U.S. Trade Representative to China again as the most serious violations of the U.S. patent and copyright country and threate
44、ned within 60 days if unable to reach a settlement agreement, China will be included in key countries list. June, the State Council Information Office of the Chinese government issued a China Property, the white section, announced to the world the development of the Property system in China. Februar
45、y 26, 1995, the two sides exchanged notes with the way the two sides, and effective Property protection and implementation of the Action Plan as an annex to an agreement. (D) Fourth Property disputes Fourth of Property disputes occurred in 1996. This time the focus is on CD, video products and CD. T
46、he illicit production of ROM. U.S. delegates that China had not kept the effective implementation of the United States and China reached agreement on Property protection. After several rounds of negotiations the two sides, on June 17, 1997 to the third Property agreement negotiated. But this agreeme
47、nt only relates to the mobility issue rather than a series of commitments. (E) intensifying Sino-US IPR disputes April 29, 2005, the U.S. justice announced the Special 301 report. This time, China has once again been included in the key observation of the State list. But in the past been accused of
48、imperfect legislation does not Division I, the strictly enforced, opaque work became the focus. In addition, China launched in the U.S. Special 301 investigation at the same time, more and more use of 337 to start infringement proceedings against Chinese products. Second, Sino-US trade friction caus
49、es of Property Rights Sino-US trade in the mouth of J related to Property issues frequent friction, on the one hand and the U.S. trade protectionism is rampant about: other hand, China itself is also in the lack of Property rights of Property causes frequent friction. (A) of the U.S. trade protectionism is