Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part I) [March 29, 2018] [open pdf - 482KB]
"In the latest in a series of international trade-related investigations conducted by the Trump Administration, the Office of the U.S. Trade Representative ('USTR') recently concluded its investigation under Section 301 of the Trade Act of 1974 (the 'Section 301 Investigation') 'to determine whether acts, policies, and practices of the Government of China related to technology transfer, intellectual property, and innovation are unreasonable or discriminatory and burden or restrict U.S. commerce.' Thereafter, on March 22, 2018, President Trump issued a memorandum (the 'Memorandum') in response to the investigation's findings, directing the USTR (1) to determine whether to increase tariffs on certain goods from China and (2) to pursue dispute settlement before the World Trade Organization ('WTO') to address China's allegedly discriminatory intellectual property licensing practices. The Memorandum also directed the Secretary of the Treasury to propose possible investment restrictions in response to China's alleged systematic investment in and acquisition of U.S. companies in order to obtain technologies and intellectual property."
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