(October 23rd, 2006 Shanghai) As a well - known law firm , USA Wilmer Cutler Pickering held the 2006 China-USA Law and IPR Seminar , in cooperat ion with IT Manager World , in Le Royal Meridien Shanghai. The chairman of the USA Wilmer Cutler Pickering Management Committee , Mr. Li Weifeng , and China Partner , Lester Ross , gave speeches themed as ¡° Chinese Companies Going Global: Law and Supervision Problems ¡± concerning trade problems between China and America , including IPR and dumping. This seminar attracted many people from law and enterprise circles.
As one of the 100 most effective lawyers in America, Mr. Li Weifeng has abundant experience in IPR and lawsuit s against dumping. At the seminar, Mr. Li and Mr. Ross presented various topics, including: Landing American Capital Market, IPR problems , and eluding the trade b arriers upon export of goods to China.
In recent times , China and America have had many issues regarding IPR. In May 2006, the U.S. Trade Representative Office publicized 2006 Special 301 Reports; China top s the list of 13 countries which encroached on America n IPR in the past one year.
On June 23 rd , Ms . Shiwabu , the representative of America n Trade , declared that in order to ensure China 's perform ance of its duties under WTO rules , the U.S. Trade Representative Office will set up a commonwealth office to d eal with Chin ese trade affairs. At the same time, America will also have an independent IPR supervision office to strengthen its monitor ing capability in regard to IPR. Some persons involved in these efforts have said that this means America w ill give more pressure to China regarding trade.
Considering this situation, Mr. Li said , ¡° With econom ic globalization continually accelera ting, China has become the second largest trad ing partner of the USA. F acing competiti ve threats from Chinese companies, American companies always invoke A rticle 337 of the 1930 Tax Act in order to suppress Chinese companies. In the next 10 years, compar ed with the A nti- Dumping Act, A rticle 337 will have much more effect on Chinese companies ' export s . Furthermore, the corresponding investigation will make Chinese companies los e their existing or potential customers. ¡± Mr. Li also said , ¡° We are willing to search for development opportunities for Chinese companies in Americ a, an d to use law to deal with threats in the international market. ¡±
According to some statistic s , in recent years, among more than 470 a nti- dumping lawsuit s , only 60% to 70% of national companies appeal ed . However, in th e se lawsuits, the absolute recover y rate wa s less than 40%. Among the USA ITC ' s 57 investigations resulting in IPR lawsuits during 2001 to 2003, there were 19 Chinese companies involved , and 75% of them lost the ir cases .
Th e seminar attracted many people from Chinese enterprise circle s , to a certain extent showing that Chinese companies have known the importance of WTO m arket r ules, such as IPR and a nti- dumping.
In order to make this seminar succeed, Pegasus Communications worked in cooperation with IT Manager World, having won a contract to provide support in terms of publicizing the seminar and attracting target customers. Subsequently , Pegasus succesfully provided advertisements and news release s, and put in EDM from IT Manager World.
At last, Mr. Li said , ¡° There is no royal road to win the l egal war in international market competition. Chinese companies appealing a legal decision should take the whole sector as a base, cooperate with each other , and closely organize th eir compan ies to cooperate with the investigation s . In addition, the top executives should get rid of disturbance, see the key points clearly as early as possible, make efforts from beginning to end, try to understand the Chinese government , and help the key Americans who support the company. As long as we make the necessary efforts and the organization works, the problems will be manag able and we will have a good result. ¡±