Tricks of the Trade: Section 301 Investigation of Chinese Intellectual Property Practices Concludes (Part II) [March 29, 2018]   [open pdf - 520KB]

"As noted in Part I of this two-part Sidebar, 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, the President 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 licensing practices. The Memorandum also directed the Secretary of the Treasury to propose possible investment restrictions on China in response to China's alleged systematic investment in and acquisition of U.S. companies to obtain technologies and intellectual property. While Part I describes the legal framework governing Section 301 investigations generally, this part applies this legal framework to this specific Section 301 Investigation, providing background on the investigation, describing the USTR's findings and the President's directives, and concluding by addressing what legal issues lie ahead."

Report Number:
CRS Legal Sidebar, LSB10109
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
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