Main forms of international trade in the current construction machinery industry and the reasons for the formation of international trade frictions in the construction machinery industry

1) The main forms of international trade in the current construction machinery industry

1. General trade.

Due to the slow recovery of international market demand, China's foreign contracted engineering has developed rapidly, and at the same time, the country has adopted a series of policy measures to encourage exports, so the industry is still dominated by general trade.

2. Establish marketing systems, service spare parts centers, and leasing companies overseas.

3. Establish overseas research and development institutions or acquire related research institutes.

4. Establish overseas factories.

5. Acquiring overseas enterprises.

6. Participate in well-known industry exhibitions both domestically and internationally.

For example, bauma from Germany, Conexpo Con/Ag from the United States, BICES from Beijing, Intermat from France, bauma from Shanghai, etc.

2)Reasons for the formation of international trade frictions in the construction machinery industry

1. Due to intensified competition in the international market, foreign competitors are suppressing domestic rivals and provoking trade frictions.

2. Domestic enterprises in the industry may experience trade frictions due to their inability to adapt to the local environment after going abroad.

3. Trade frictions caused by vicious competition between domestic enterprises in order to compete for the international market.

4. High end components and special raw materials are subject to human control, causing trade frictions.

5. International trade protectionism causes trade frictions. The key manifestation is intellectual property disputes. Intellectual property infringement litigation, as a low-cost and directly effective means of trade protection, has become a norm in international trade. Currently, Chinese enterprises are repeatedly subject to international intellectual property complaints, and friction is increasing. This is one of the unavoidable issues for Chinese enterprises to explore international markets. For example, at the Bauma Expo in 2010, Chinese construction machinery exhibitors encountered a total of 8 intellectual property disputes (not legally confirmed), including 3 inquiry letters and 5 temporary injunctions. Although the organizers of the Chinese pavilion had anticipated the possibility of foreign companies implementing such trade protection measures before the exhibition and established the "Intellectual Property Protection Office" for the first time, hiring professional lawyers from Germany to provide legal advice and services on intellectual property protection for Chinese exhibitors throughout the pre exhibition, exhibition, and post exhibition processes, and during the exhibition period, the organizers of the Chinese pavilion were active Mediated multiple intellectual property disputes with local German lawyers Greatly reduced the impact of disputes on the Chinese exhibition group, and tried to recover the reputation and economic losses of Chinese exhibitors as much as possible. However, due to the mandatory legal protection of intellectual property rights in countries such as the European Union, once suspected of infringement, regardless of the outcome of the case, the economic and reputational losses of the enterprise are inevitable, and the international impact is also very negative.

3)Measures to deal with international trade frictions in the construction machinery industry

1. Suggest conducting a special investigation to study whether the behavior of a few international suppliers of key hydraulic components for construction machinery violates international antitrust laws.

2. Include the prevention of intellectual property disputes as a special research topic

The awareness of intellectual property protection among domestic enterprises is gradually increasing, except for a few companies Most of them are not intentional acts of infringement. Due to a lack of necessary understanding of overseas legal regulations and enforcement procedures, suspected infringement incidents occur frequently. For example, Germany is the world About 70% of the world's well-known exhibitions are held here in large exhibition countries, so intellectual property disputes that occur at German exhibitions are becoming increasingly intense, ranging from language to physical conflicts, and even to the detention of exhibitors. Therefore, focusing on the experience of German exhibitions has certain representativeness and wide reference value.  

Due to differences in relevant laws and regulations among countries, it is recommended that relevant government departments work together with relevant associations and professional law firms to include the prevention of intellectual property disputes as a special research topic, carefully analyze common and individual issues, and publish in stages and batches including the European Union, the United States, etc A series of popular knowledge books on "environmental reports" in countries and regions such as the Commonwealth and Southeast Asia, guiding domestic enterprises to avoid and mediate potential legal disputes in a targeted manner.

3. Accumulate Cooperate with international organizations, strengthen standards, certification and other work, increase the voice in international organizations, gradually establish market access systems, and create a favorable competitive environment for the global service of independent brand products.

4. Negotiate with foreign parties through diplomatic channels or national economic authorities regarding issues in law enforcement by foreign judicial institutions, in order to safeguard the legitimate interests of Chinese enterprises or exhibitors.