Association to take the lead, enterprises, chambers of commerce with government support, have emerged in the international trade friction, China Battery Association to explore a series of sony pcga-bp4v , sony pcga-bp71 progressive measures.
“China’s export volume of the battery output accounted for 80 percent, in the international battery market has a strong competitive edge. With the development of battery-export business, most recently, China’s battery industry occurred in foreign-related cases.
U.S. Section 337 investigation alkaline manganese battery respondent work is being carried out; in September 2002 accused the United States Shenzhen Sanyo BYD; July 10, 2003 Sony accused of infringing on patents BYD; the United States against China’s recent EMD Manganese file anti-dumping investigation; and earlier in the Republic of Korea, Egypt, for zinc-manganese batteries, such as anti-dumping investigations, follow these external battery case, in particular countries or regions in recent being against the interests of China and other parties, the establishment of a new sony vgp-bpl2 , sony vgp-bps3 , sony vgp-bps5 battery technology barriers or trends, such as green barriers. ”
The use of Section 337 of the United States
Head sword suspended export enterprises
China’s battery industry into this century, and achieved rapid development. According to the third quarter of 2003 statistics, production and marketing in 2003 is very good battery. However, with the export volume of China’s battery of fast-growing technology and products continues to increase also brought foreign trade frictions and disputes the rapid warming.
Energizer batteries the United States in April 28, 2003, the U.S. International Trade Commission to submit an application, accusing China of alkaline zinc manganese dioxide battery manufacturers infringing United States USP5, 464,709 patent (the 709 patent). The Commission by the United States May 27, 2003 approval of a formal case of alkaline manganese batteries for my Section 337 investigations, an application for commencement of “permanent prohibition order”, the proposed rule out the possibility of China’s alkaline manganese battery market in the United States, as well as the impact of with such battery devices support the use of electricity exports.
This was a total of 337 enterprises surveyed 24: China (7), Hong Kong, China (4), United States (9), Singapore (1), Japan (2), Indonesia (1). It is not difficult to see that the survey stake is a major domestic, associations, chambers of commerce, in the light together, the Chinese Federation of Industrial Economics, the State attached great importance to the Ministry of Commerce, Vice Premier Wu Yi instructed the State Department of Commerce to support the work of the whole tracking .
Section 337 investigation of the most notable features are: fast-paced, tough sanctions, the high cost. Any one enterprise to the United States to a separate appeal Energizer company, seems weak, we must unite and co-respondent in order to win. The premise of the joint appearance is: Association of awareness, reputation and cohesion, coupled with the requirements of enterprises and government support. Focus is: Association of the exact location. Are: organization and coordination, including the development of practical, feasible and effective strategy for the respondent. Difficulties are: the cost of raising and reasonable apportionment.
The case related to business, industry and national interests involved in enterprises, associations, chambers of commerce and the state Department of Commerce. The definition of the parties? Being sued is the enterprise as the main body of the respondent, the decision-making power on major issues; countries as a government department in charge of the Ministry of Commerce, at the macro policy of giving foreign policy guidance of the major problems to give help and support; and associations, chambers of commerce are intermediary organizations, how to joint working? Lack of experience, only in practice.
2 Association to take the lead for the only place to deal with some
Difficulty responding to the work of the respondent to raise the cost of the Joint respondent must be able to represent and safeguard the interests of sony vgp-bps8 , sony vgp-bps9 , sony vgp-bps10 business units to take the lead organization. Responding to the work mainly involves patent-related legal and technical issues, patent law by hiring a lawyer to resolve, and patented technology, the need to take the lead in the battery business units and enterprises are familiar with the situation, understanding and familiar with the battery technology and patents, and to organizations and mobilization of the entire industry and related units such as universities and research institutes and other units of technical support. Units need to take the lead in a manner consistent with the ideas and the battery industry and the actual situation of enterprises, in line with the requirements and objectives of the respondent.
These issues was held in Ningbo Battery Association meeting, the business participants also felt. Association of companies are asked to stand up bravely fight this battle and lead them. The views of specific representatives of the Association is to empower everyone with the U.S. law firm Hogan & Hartson, signed employment contract, the company focused on sharing the costs of the Association, to monitor the use by the association. Enterprises fpcbp80 , fpcbp77 , fpcbp79 , fpcbp68 , fpcbp63 , fpcbp95 require the performance of the Association the voice of the lead out of the role of enterprises to fully play out.
Dare to take the lead in the Association can not take the lead in the main association of leading participants and the ability to test drive. After a comprehensive and in-depth analysis of thinking and full of delicate work by consensus, the Association put forward a cost-sharing to open March 7 program for the enterprises involved in the case of 30% to reduce the cost burden. 30% of the cost of mobilization by the associations of other enterprises to participate in industry-wide solution to the respondent, the respondent enterprises in Ningbo, a big silver by 15%.
The introduction of the program, in line with the industry as a result of the actual, reasonable and lawful, soon passed. Chamber of Commerce It is a pity that did not expect such a complex issue resolved so smoothly; comrades of the Ministry of Commerce also said that cost-sharing is the most difficult, many lawsuits have failed as a result of sharing and fail. Ministry of Commerce of the understanding, support and praise even enhanced the confidence of the respondent companies. Also practical experience to the “Society has to be some place.”
Needs in the workplace, under the premise of enterprise support, the Association difficulties, the courage to stir up the burden of the lead, when the positioning work of the association is “to grasp the overall situation and coordinating all parties.”
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How to coordinate the parties is “the Association to take the lead, enterprises, chambers of commerce with government support” to deal with this new mode of an inherent requirement of the Ministry of Commerce to ask more and more reports of the enterprises to enhance information exchange and communication of the , it is necessary to fully listen to their views and suggestions adhere to the decision-making on major issues decided by the enterprises. The Chamber of Commerce should also cope with more.
3 people collecting firewood flame to avoid high-risk co-respondent
Based services for enterprises for the purpose of industry, and actively explore the “Association to take the lead, enterprises, chambers of commerce with government support” to deal with this new model; insist on open, fair, equitable and transparent principles; a good grasp of the situation as soon as possible to find out , the respondent organizations, law firms selected in consultation, coordination of assessments to determine the cost of the program; formulate practical, feasible and effective strategy thinkpad t40 battery , thinkpad t41 battery , thinkpad t42 battery of the respondent; the whole process of information flow to improve the operation of all aspects of the mechanism, and strive to win, to avoid risks.
U.S. companies Energizer April 28, 2003 prosecution, battery Association May 2 to obtain information, through telephone, telex, electronic networks and e-mail and other advanced means of communication, has several related businesses to give notice: provide information, informed opinion, which show that the attitude of the enterprise to prepare.
Each cell line that also requested the Association to take the lead in organizing joint appearance. There are a number of battery companies did not export to the United States also does not produce or alkaline manganese batteries, or raw materials, manufacturers have expressed their support for the Association to take the lead in organizing joint appearance.
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Several Hong Kong companies are being sued battery Association asked to participate in a joint appearance. Association of the enterprise at the same time forced to take crack troops capable of responding to the composition of the specialized agencies, all the preparatory work immediately.
Responding to the cost of the total cost of about three million U.S. dollars is huge, must be a two-pronged approach, both revenue and expenditure in order to be effective. To be sued seven companies for the basis of the association has also organized 13 enterprises to participate in the respondent or the respondent (including two Hong Kong companies being sued), so that further enhance the strength of the respondent.
At the same time, negotiations on many occasions to negotiate with law firms, will reduce the cost of 2,450,000 U.S. dollars to achieve the new sources of financing.
Different enterprises, small and large production and export have a small number, a variety of forms, an interest in the complexity of understanding in dealing with the respondent, there soon be a slow, determined to have different sizes, how to cost-sharing is the joint should be v. one of the major difficulties. Battery Association found that some of the key enterprises of the respondent fast, great determination and a strong industry and national consciousness, a positive attitude, willing to contribute more.
In these circumstances, the battery developed by the principle of association, it is necessary to contribute to fair and speakers; standard is that the total output of enterprises, businesses now export to the United States the quantity of batteries and battery companies export to the United States in future market potential; approach is that the cost to open March 7 , 7 to bear 70% of respondent enterprises, other enterprises involved in responding to 3 0% 7 respondent enterprises, the bulk of the Bank of Ningbo.
Domestic joint appearance in the United States employed by the Chinese law firm Hogan & Hartson led to almost all the sued companies have jointly hired a lawyer to form a common defense team for a common defense strategy of responding to a consensus agreed that the common defense.
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As a result, both inside and outside on the formation of a joint state, but also the strength and confidence in the effective display, have a certain deterrent effect.
At present, work is being carried out the respondent, the respondent enterprises, the common defense lawyers, associations, businesses and lawyers to maintain good coordination and cooperation has proceeded smoothly throughout the case, for the future on how to deal with international trade friction, and accumulated experience, as well as other industries to provide a reference, but also opened up a work cell association, to some extent, promote the development of the battery industry.
