Patent-based Disputes in the US Import Trade with China: With Special References to the Parallel Development of MIC 2025 & AMP 2.0 and ITA2

Abstract

The current scale of the import trade of the US with China is significant and has the potential to be more in near future. However, patent-based disputes, especially in terms of Section 337 investigation, have also been increased in recent years. In the context of parallel development of national innovation strategies of China's "Made in China 2025 Plan" and the American "Advanced Manufacturing Partnership," along with the latest expanded "Information Technology Agreement" in the WTO trading system, the implications for optimally resolving patent-based disputes in the US import trade with China is highly significant for two countries. These disputes may even impact the world trade, since bilateral trade between China and the US accounts for a considerable proportion. Thus, both China and the US should take precautions and appropriate measures to guard against such potential frictions in order to attain mutually beneficial outcomes in resolving such disputes.