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贸易|贸易变革,是如何发生的?

贸易变革,是如何发生的?贸易2014年4月,本刊记者在第115届春季广交会上结识了广州美欣无纺布袋有限公司总经理施远娟。她是地地道道的广东人,在广州这座商贸之城浓厚的贸易氛围中创立了自己的事业。自2004年开始的十几年时间里,施远娟所在的企

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贸易变革,是如何发生的?

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2014年4月,本刊记者在第115届春季广交会上结识了广州美欣无纺布袋有限公司总经理施远娟。她是地地道道的广东人,在广州这座商贸之城浓厚的贸易氛围中创立了自己的事业。自2004年开始的十几年时间里,施远娟所在的企业经历了从代理商到代工(OEM),再到做品牌的三次改变,真正见证了中国外贸的发展之路。


将无纺布袋放在整个大外贸中看,实在是太微小了。将这家企业放在大量外贸企业中看,也似一根针掉入大海。但是,这个小行业和这家小企业的命运随中国外贸大潮起伏,没有错过每一次好时机,也没有逃脱每一次困局,身在其中,真切感受着外贸变革的震动。


见微知著,睹始知终。像施远娟这样的外贸前线人员有千千万,他们是贸易变革的弄潮者和推动者。


コ除了部分从事加工贸易的外贸企业升级做品牌,跨境电商崛起、被动变主动应对海外诉讼等,每一个大处或微处都注定被写入贸易变革的历史,成为贸易变革的符号。


转型升级,伴随外贸发展全程

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很多外贸人经历过赚钱不费吹灰之力的好时光。在施远娟入行(2004年)的最初几年,大批民营外贸企业抓住海外采购热潮,将“中国制造”出口到全球各地。


“那时候,我们的国外客户在中国采购从来不讨价还价。”施远娟说,由于中国产品物美价廉,即使他们不还价,也能够赚取很高的利润。在近5年时间里,施远娟通过为海外客户做采购代理,获得了丰厚的市场回报。


然而,这种好日子在2008年金融危机之后画上了句号。当时,全球市场需求端发生变化,国外分销商利润缩水,向中国出口商压价,加之中国生产成本不断提高及人民币汇率波动因素,中国出口商和国外进口商均艰难度日。


这时候,代理商无疑成为这个链条中首先被压制的对象。中国的一些工厂也开始慢慢摸索出口的づ门路,那些纯粹只代理、对产品创新不起实质作用的贸易代理商,很快被工厂挤掉。而这些被挤掉的贸易商该如何在贸易链条上存活下去?此时,转型升级成为他们急切抓住的一根黄金稻草。


2008年金融危机成为中国外贸一个转折点,也成为施远娟职业生涯的转折点。市场环境变了,过去的经营模式已经无以为继,有些代理商转入国内市场,有些寻找其他国际市场开拓空间。施远娟抓住这股转型升级的浪潮,果断入股一家工厂作为从事代工的据点,由代理商转变为代工。两三年之后,她又尝试创立了自己的无纺布袋品牌。但是,像当时很多做自有品牌的企业一样,遇到了一些困难。


施远娟认为,在国外市场不好的时候,转到国内来做品牌升级也是一种策略,但是忽略了对国内市场环境的深入了解。实际上,在2020年国家提出“出口转内销”和“国内国际双循环”关键节点上,外贸企业对于“缺乏对国内市场的了解”这一问题有了更深刻的体会。


再看2014年的家具出口行业,也正经历由代工向创立品牌转变的“疼痛”期。2001年我国加入世界贸易组织(WTO)后,家具产品出口迅猛增加,到2006年中国就已成为全球最大的家具出口国。2014年,家具出口增速出现下滑,库存压力加大,利润空间被压缩,反映出整个行业迫切需要转型升级。一部分外向型家具企业纷纷转产,有的转向内贸市场,有的开发新兴市场,有的直接将制造中心迁移至更具成本优势的东南亚地区。


当时,浙江金奥达工贸有限公司进出口分公司相关负责人告诉记者,经过几十年的发展,中国家具行业已经比较成熟,但不少家具企业品牌意识淡薄,设计极易被复制。“对于家具企业来说,一直模仿别人就会失去创新的动力,这对家具企业和整个家具业的发展都将形成束缚”。在做传统贸易和代工的同时,将自有品牌推向全球,是家具企业保持国际竞争力的保障。


由此可见,不管是施远娟所在的无纺布袋领域,还是规模较大的外向型家具行业,它们作为传统劳动密集型产业,大致都经历了市场变化、成本优势减弱、利润下滑的过程,最终归于转型升级。事实上,整个外贸圈内的各行各业都已形成转型升级的氛围。


2015年5月,《中国制造2025》正式发布,为实体制造业转型升级指明了方向。过去多年企业各自开花、分散的转型方式汇入大规模制造业转型的浪潮。同年7月,国务院发布《关于积极推进“互联网+”行动的指导意见》,“互联网+”成为2015年当之无愧的关键词,互联网与各领域的融合成为不可阻挡的时代潮流。


从外贸大发展到今日,自创品牌,技术创新,内外贸联动,开拓新兴市场……外贸企业转型升级早已有之,它随着国内外市场大环境的变化一直处于进行时,贯穿外贸发展全程。


跨境电商,2013年开启“大时代”


ы¬在整个电商业内,2003年被称为电商元年,2013年被视为跨境电商元年。经过前期发展,跨境电商在2013年迎来爆发,由星火之势燃烧为燎原之火,以敦煌网、速卖通、兰亭集势、阿里巴巴国际站等一批跨境电商平台企业为代表的外贸电商顺势崛起,在促进出口中扮演了重要角色。


这一年,大量传统外贸工厂、企业、本土品牌商等蓄势进入该领域,将跨境电商“蓝海”染成了“红海”。同时,价格大战、物流不畅、支付障碍、通关难、支付难等诸多问题,频繁被摆到桌面上讨论,整个跨境电商行业需要解决高速发展过程中的现实阻碍,实现转型升级。


在此之前的2011年和2012年,跨境电商交易额增速分别为33%和25%,远远高于外贸增速。直到现在,跨境电商交易额增速保持在20%以上。2019年,跨境电商交易额在我国外贸进出口额中的比重已经超过30%。


2020年疫情之下,跨境电商更是在外贸进出口中发挥了重要作用,一定程度上维护了外贸基本盘的稳定。毫无疑问,跨境电商早已成为外贸新增长点,伴随未来贸易数字化的推进,它在外贸中的分量将继续加码。


多年来,国家政策跟进保障了跨境电商在规则下健康运行,功不可没。2012年至今,有关跨境电商的政策不下20个,持续为跨境电商这一外贸新兴业态的发展保驾护航。


2012年8月,商务部发布的《关于利用电子商务平台开展对外贸易的若干意见》提出,鼓励电子商务平台通过自建或合作方式,努力提供优质高效的支付、物流、报关、金融、保险等配套服务,实现“一站式”贸易。积极利用电子商务平台开展对外贸易,不断提高利用电子商务开展对外贸易的比重。


2013年8月,商务部等部门出台《关于实施支持跨境电子商务零售出口有关政策的意见》,提出:确定电子商务出口经营主体、建立适应电子商务出口的新型海关监管模式并进行专项统计、建立相适应的检验监管模式、支持企业正常收结钅汇、鼓励银行机构和支付机构为跨境电子商务提供支付服务等措施。上海、重庆、杭州、宁波、郑州成为国内首批开展跨境贸易电子商务试点的5个城市。


2013年12月,财政部等部门发布《关于跨境电商零售出口税收政策的通知》,规定了电子商务出口企业出口货物在哪些情况下适用增值税、消费税退(免)税政策等。2016年3月,财政部等部门发布《关于跨境电子商务零售进口税收政策的通知》,提出跨境电子商务零售进口商品按照货物征收关税和进口环节增值税、消费税等措施,并跨境电子商务零售进口税收政策适用的商品类型。


㉨2015年6月,国务院发布《关于促进跨境电子商务健康快速发展的指导意见》,从12个方面给出了跨境电商发展的指导意见,包括支持国内企业更好地利用电子商务开展对外贸易;优化配套的海关监管措施;完善检验检疫监管政策措施;明确规范进出口税收政策;完善电子商务支付结算管理;规范跨境电子商务经营行为等。


2015年3月,国务院批准在杭州设立首个跨境电子商务综合试验区,拉开了在全国范围内建立跨境电商试验区的序幕。2016年1月,天津、上海、重庆等12个城市成为跨境电商试验区;2018年7月,北京、沈阳、海口等22个城市成为跨境电商试验区;2019年12月,石家庄、温州、洛阳等24个城市成为跨境电商试验区;2020年4月,雄安新区、连云港、嘉兴等46个城市(区)成为跨境电商试验区。


2020年11月,国务院发布《关于推进对外贸易创新发展的实施意见》,明确提出加快贸易数字化发展。大力发展数字贸易,推进国家数字服务出口基地建设,鼓励企业向数字服务和综合服务提供商▬转型。支持企业不断提升贸易数字化和智能化管理能力。建设贸易数字化公共服务平台,服务企业数字化转型。


跨境电商的崛起,是外贸变革中的一件大事,它以技术为把手,冲破传统进出口贸易模式和营销模式的藩篱,经过多年发展在外贸中占据了重要地位。


如今,贸易数字化正在引领外贸变革。跨境电商作为贸易数字化的一个成熟分支,必将佐助贸易数字化颠覆传统、塑造新贸易格局。


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海外贸易诉讼,从消极应对到胜诉不断


2012年11月18日,奥康公司收到欧盟高等法院于2012年11月15日下达的判决书,最终裁定欧盟初级法院在审理奥康抗辩欧盟反倾销的案件上,个别法律条款使用不当,欠缺公正,推翻了欧盟初级法院做出的一审裁定,终审判定奥康胜诉。这标志着奥康长达6年抗辩欧盟反倾销取得重大胜利。这起案件在当时引起轰动,提振了中国鞋业企业出口的信心。


2019年2月21日,美国国际贸易委员会(ITC)发布终裁公告称,基于原告无条件撤诉的申请,终止对中国LED显示屏企业关于特定模块化LED显示面板及其组件专利侵权案的“337调查”。至此,持续近1年的中国LED显示屏行业“337调查”案正式终结,中国企业大获全胜。这起“337调查”案的胜诉被称为“里程碑式”的胜利,因为这一结果对中国整个LED行业产生了深远的影响。


2015年,爱立信在美国德州东区联邦地区法院起诉TCL侵犯其五项专利权。经过双方复审后,美国专利审查与上诉委员会(PTAB)判决其中四项专利无效,仅剩一项专利尚存争议。2017年年底,德州联邦陪审团裁定TCL恶意侵权,导致TCL面临至少1.1亿美元的巨额赔偿金。2020年4月,美国联邦巡回上诉法院推翻了美国德州东区联邦ず地区法院对涉案专利的专利适格性的裁决,根据《美国专利法》第101条判定所涉及的专利的权利要求无效,并因此撤销了TCL至少1.1亿美元损害赔偿金的判决。至此,TCL在这起长达5年的专利诉讼案中实现逆转。


类似上述胜诉案件不在少数,反映出近些年外贸企业在遭遇海外诉讼时态度的积极转变。在最近20多年的外贸发展史中,外贸企业在海外诉讼案件中受尽了屈辱,总结下来能够写就一部血泪史书。


⒛最初,因不熟悉海外市场法律法规,又缺乏相应的专业法律人才,㈖外贸企业常常消极应诉、任人宰割,承担了巨大的损失,甚至不得不彻底撤出某一个市场。随着中国产品质量的提高、技术的进步、专利保护意识的增强,以及涉外专业律师人才队伍的扩大,企业在面对海外诉讼时积攒了更多的自信和底气。事实证明,确实有不少案件因中国企业本身技术领先而胜诉。在上述TCL和LED显示屏案件中,企业技术水平较高、产品质量高是它们最终能够化险为夷的关键因素。


如今,中国企业已从前期不断“败诉”的泥淖中逐渐走出来,近些年“胜诉”的声音越来越大。这是一个不断吸取经验教训的过程。越来越多的中国企业意识到,自身技术和产品实力强,熟知国际贸易规则、关键市场法律体系,尽可能行业抱团共同应对,才能抗住长时间的诉讼拉锯战,提高胜诉的可能性。

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从2017年中兴在美国遭遇巨额罚款到华为在美国持续几年受狙,一方面反映出中国核心关键技术的缺失,另一方面也反映出中国企业在向全球价值链中高端爬升过程中“动了别人的奶酪”,触及到了欧美企业传统优势地位。近些年,贸易摩擦有增多之势,不仅欧美等传统市场案件保持惯常表现,来自印度、巴西等新兴市场的贸易纠纷也时有发生。这是中国企业不得不面对的现实,唯有迎难而上,才能在国际市场占据更好的竞争地位,惠及未来数年外贸发展。


应对国际贸易纠纷是贸易变革中的一个重要细节。在外贸全行业变革过程中,外贸企业对国际市场的熟悉度、对国际贸易规则的把握度、对创新升级的实践度、对产品质量升级的重视度均发生了质的改变,从而大大提高了海外诉讼胜诉的可能性。


就这样,在不知不觉之间,全球贸易力量发生了转换,中国企业在漫长的实力沉淀中获得了新的生命力。面对海外诉讼,不再逆来顺受,而是抗争到底。这便是以实力为支撑的最好的变革。


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2021年,变革才刚刚开始

贸易


除了转型升级、跨境电商和海外诉讼方面,贸易变革还有很多维度可以讨论和总结,比如高质量发展、自贸区建设、“一带一路”实践、人民币汇率波动、外贸新业态、智能化和数字化趋势等,特别是贸易数字化,将在未来数年作为外贸发展的生产力而存在。


技术改变了一切,从外在到内核。历史上的每次科技革命,几乎都带来了世界大发展。人类正是在这样的梯度间积累了灿烂的精神和物质文明,为独立思考创造了更大的空间和张︾力,使我们每一个渺小的人一定程度上找到了生存的价值所在。


贸易,正经历着前所未有的颠覆。不管身在其中的你有没有感知、理解、行动,它都将以摧枯拉朽之势席卷所有。外贸发展有一条清晰的轨迹,直至当下,变革都有迹可循。没有幸运,有的只是人们的奋斗。


变革,从来不会突然发生,而是建立在无数外贸人数年打拼积累下的这一份家业之上。它早已植根在外贸人的智慧和行动中,成为一种本能反应。数不清的外贸能人巨匠,低调地耕耘着中国外贸的广阔土地,成为缩影,成就事业。


自中国加入世界贸易组织算起,外贸企业走过了20年的峥嵘岁月,甚至第三代、第四代外贸人已经上岗。2021年,我们仍然在路上,变革不止。

资料来源:《进出口经理人》杂志2021年第1期
编辑:Hanson   媒体合作:010-88379140

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How did the trade revolution happen In April 2014, our reporter met Shi Yuanjuan, general manager of Guangzhou Meixin Nonwoven Bag Co., Ltd. at the 115th Spring Canton Fair. She is an authentic Cantonese and founded her own business in the strong trade atmosphere of Guangzhou, a city of commerce and trade. In the ten years since 2004, Shi Yuanjuans company has experienced three changes from agent to OEM, and then to branding, which has truly witnessed the development of Chinas foreign trade. Putting the non-woven bag in the whole big foreign trade, it is too small. Putting this company among a large number of foreign trade companies is like a needle falling into the sea. However, the fate of this small industry and this small company fluctuates with the tide of Chinas foreign trade. It has not missed every good opportunity, nor has it escaped every predicament. Being in it, I really feel the shock of foreign trade reform. See the micro-knowledge, see the beginning and know the end. There are tens of millions of front-line personnel in foreign trade like Shi Yuanjuan, and they are the wavemakers and promoters of trade reforms. Except for some foreign trade companies engaged in processing trade to upgrade their brands, the rise of cross-border e-commerce, and the passive response to overseas lawsuits, every major or minor aspect is destined to be written into the history of trade reform and become a symbol of trade reform. Transformation and upgrading, along with the development of foreign trade, many foreign traders have experienced a good time to make money without any effort. In the first few years of Shi Yuanjuans entry (2004), a large number of private foreign trade companies seized the overseas purchasing boom and exported Made in China to all parts of the world. At that time, our foreign customers never bargained for purchases in China. Shi Yuanjuan said, because Chinese products are high in quality and cheap, even if they dont bargain, they can still make high profits. In the past five years, Shi Yuanjuan has obtained substantial market returns by acting as a sourcing agent for overseas customers. However, this good day came to an end after the 2008 financial crisis. At that time, the demand side of the global market changed, the profits of foreign distributors shrank, prices were lowered to Chinese exporters, coupled with the continuous increase of production costs in China and the fluctuation of the RMB exchange rate, both Chinese exporters and foreign importers struggled to survive. At this time, the agent will undoubtedly become the first object of suppression in this chain. Some factories in China have also begun to slowly explore the way to export. Those trading agents who are purely acting only and have no substantial effect on product innovation are quickly squeezed out by the factories. And how should these squeezed out traders survive in the trade chain At this time, transformation and upgrading became a golden straw they eagerly grasped. The 2008 financial crisis became a turning point in Chinas foreign trade, as well as a turning point in Shi Yuanjuans career. The market environment has changed, and the past business model has become unsustainable. Some agents have moved to the domestic market, and some are looking for other international markets to open up space. Seizing this wave of transformation and upgrading, Shi Yuanjuan decisively took a stake in a factory as a base for OEM, and turned from an agent to OEM. Two or three years later, she tried to create her own brand of non-woven bags. However, like many private label companies at that time, they encountered some difficulties. Shi Yuanjuan believes that when the foreign market is not good, it is also a strategy to switch to the domestic brand to upgrade, but it ignores the in-depth understanding of the domestic market environment. In fact, at the key node of the export to domestic sales and domestic and international dual cycle proposed by the state in 2020, foreign trade companies have a deeper understanding of the problem of lack of understanding of the domestic market. Looking at the furniture export industry in 2014, it is also experiencing a pain period of transition from OEM to brand creation. After my country joined the World Trade Organization (WTO) in 2001, the export of furniture products increased rapidly. By 2006, China had become the worlds largest furniture exporter. In 2014, the growth rate of furniture exports declined, inventory pressure increased, and profit margins were compressed, reflecting the urgent need for transformation and upgrading of the entire industry. Some export-oriented furniture companies have switched production, some have turned to the domestic trade market, some have developed emerging markets, and some have directly moved their manufacturing centers to more cost-competitive Southeast Asian regions. At that time, the relevant person in charge of the Import and Export Branch of Zhejiang Jinaoda Industry and Trade Co., Ltd. told reporters that after decades of development, Chinas furniture industry has become more mature, but many furniture companies have weak brand awareness and their designs are easily copied. For furniture companies, if they keep imitating others, they will lose the motivation to innovate, which will restrict the development of furniture companies and the entire furniture industry. While doing traditional trade and foundry, promoting its own brand to the world is the guarantee for furniture companies to maintain their international competitiveness. It can be seen that, whether it is the non-woven bag field where Shi Yuanjuan is located, or the larger export-oriented furniture industry, as a traditional labor-intensive industry, they have generally undergone a process of market changes, weakening of cost advantages, and declining profits. In the end, Attributed to transformation and upgrading. In fact, all walks of life in the entire foreign trade circle have formed an atmosphere of transformation and upgrading. In May 2015, Made in China 2025 was officially released, pointing out the direction for the transformation and upgrading of the physical manufacturing industry. Over the past few years, companies’ respective blossoming and decentralized transformation methods have merged into a wave of large-scale manufacturing transformation. In July of the same year, the State Council issued the Guiding Opinions on Actively Promoting the Internet + Action. Internet + became a well-deserved keyword in 2015, and the integration of the Internet and various fields became an unstoppable trend of the times. From the great development of foreign trade to today, self-made brands, technological innovation, domestic and foreign trade linkages, development of emerging markets... The transformation and upgrading of foreign trade enterprises has long been in progress. It has been in progress along with the changes in the domestic and foreign markets, and runs through the entire process of foreign trade development. . Cross-border e-commerce, the big era opened in 2013. In the entire e-commerce, 2003 was called the first year of e-commerce, and 2013 was regarded as the first year of cross-border e-commerce. After the early development, cross-border e-commerce ushered in an explosion in 2013, from a spark to a prairie fire, and a group of cross-border e-commerce platform companies such as Dunhuang.com, AliExpress, Lanting Jishi, Alibaba International Station, etc. Foreign trade e-commerce represented by the rise of the trend has played an important role in promoting exports. This year, a large number of traditional foreign trade factories, enterprises, and local brands have gained momentum to enter the field, dyeing the blue ocean of cross-border e-commerce into a red ocean. At the same time, many issues such as price wars, poor logistics, payment barriers, customs clearance difficulties, and payment difficulties are frequently put on the table for discussion. The entire cross-border e-commerce industry needs to solve the practical obstacles in the rapid development process and achieve transformation and upgrading. Prior to this, in 2011 and 2012, the growth rate of cross-border e-commerce transaction volume was 33% and 25%, respectively, which was much higher than the growth rate of foreign trade. Until now, the growth rate of cross-border e-commerce transactions has remained above 20%. In 2019, cross-border e-commerce transactions accounted for more than 30% of my countrys foreign trade imports and exports. Under the 2020 epidemic, cross-border e-commerce has played an important role in foreign trade import and export, maintaining the stability of the basic foreign trade market to a certain extent. There is no doubt that cross-border e-commerce has long become a new growth point in foreign trade. With the advancement of trade digitization in the future, its weight in foreign trade will continue to increase. Over the years, the follow-up of national policies has ensured the healthy operation of cross-border e-commerce under the rules. Since 2012, there have been no fewer than 20 policies related to cross-border e-commerce, which continue to escort the development of cross-border e-commerce, an emerging form of foreign trade. In August 2012, the Ministry of Commerce issued the Several Opinions on the Use of E-commerce Platforms for Foreign Trade, encouraging e-commerce platforms to strive to provide high-quality and efficient payment, logistics, customs declaration, finance, insurance, etc. through self-built or cooperative methods. Supporting services to realize one-stop trade. Actively use e-commerce platforms to develop foreign trade, and continuously increase the proportion of using e-commerce to develop foreign trade. In August 2013, the Ministry of Commerce and other departments issued the Opinions on the Implementation of Relevant Policies to Support Cross-border E-commerce Retail Exports, which proposed: determine the main body of e-commerce export operations, establish a new customs supervision model adapted to e-commerce exports, and conduct special statistics, Measures such as establishing a suitable inspection and supervision model, supporting enterprises in the normal collection and settlement of foreign exchange, and encouraging banking institutions and payment institutions to provide payment services for cross-border e-commerce. Shanghai, Chongqing, Hangzhou, Ningbo, and Zhengzhou have become the first five cities in China to carry out cross-border trade e-commerce pilot projects. In December 2013, the Ministry of Finance and other departments issued the Notice on Cross-border E-commerce Retail Export Tax Policies, which stipulated the conditions under which e-commerce export enterprises export goods are subject to value-added tax and consumption tax refund (exemption) policies. In March 2016, the Ministry of Finance and other departments issued the Notice on the Tax Policy for Cross-border E-commerce Retail Imports, proposing that cross-border e-commerce retail imported goods shall be subject to tariffs, import value-added tax, and consumption tax and other measures, and cross-border e-commerce Types of commodities to which the commercial retail import tax policy applies. In June 2015, the State Council issued the Guiding Opinions on Promoting the Healthy and Rapid Development of Cross-border E-commerce, which gave guidance on the development of cross-border e-commerce from 12 aspects, including supporting domestic enterprises to make better use of e-commerce for external Trade; optimize supporting customs supervision measures; improve inspection and quarantine supervision policies and measures; clearly regulate import and export tax policies; improve e-commerce payment and settlement management; standardize cross-border e-commerce operations, etc. In March 2015, the State Council approved the establishment of the first comprehensive cross-border e-commerce pilot zone in Hangzhou, which opened the prelude to the establishment of a cross-border e-commerce pilot zone nationwide. In January 2016, 12 cities including Tianjin, Shanghai and Chongqing became cross-border e-commerce pilot zones; in July 2018, 22 cities including Beijing, Shenyang, and Haikou became cross-border e-commerce pilot zones; December 2019, Shijiazhuang , Wenzhou, Luoyang and other 24 cities have become cross-border e-commerce test areas; in April 2020, 46 cities (districts) including Xiong’an New District, Lianyungang, and Jiaxing have become cross-border e-commerce test areas. In November 2020, the State Council issued the Implementation Opinions on Promoting the Innovative Development of Foreign Trade, clearly proposing to accelerate the digital development of trade. Vigorously develop digital trade, promote the construction of a national digital service export base, and encourage enterprises to transform into digital service and integrated service providers. Support enterprises to continuously improve their trade digitization and intelligent management capabilities. Build a public service platform for trade digitalization to serve the digital transformation of enterprises. The rise of cross-border e-commerce is a major event in the transformation of foreign trade. It uses technology as the handle to break through the barriers of traditional import and export trade models and marketing models, and has occupied an important position in foreign trade after years of development. Today, the digitalization of trade is leading the transformation of foreign trade. As a mature branch of trade digitization, cross-border e-commerce will surely subvert the tradition and shape a new trade pattern with Sasuke’s trade digitization. Overseas trade litigation, from passive response to continuous success. On November 18, 2012, Aokang received the judgment issued by the European Union High Court on November 15, 2012, and finally ruled that the European Court of Justice was hearing Aokang’s defense against EU anti-dumping cases. The improper use of individual legal provisions and lack of fairness overturned the ruling of the first instance made by the European Court of Justice, and Aokang won the case in the final judgment. This marks Aokangs six-year defense against EU anti-dumping and a major victory. This case caused a sensation at the time and boosted the confidence of Chinese shoe companies in exporting. On February 21, 2019, the U.S. International Trade Commission (ITC) issued a final ruling announcement stating that, based on the plaintiff’s application for unconditional withdrawal of the lawsuit, the 337 against Chinese LED display companies regarding patent infringement of specific modular LED display panels and their components was terminated. survey. So far, the 337 Investigation case of Chinas LED display industry, which lasted for nearly a year, has officially ended, and Chinese companies have won a great victory. The victory of this 337 investigation case is called a milestone victory, because this result has a profound impact on the entire LED industry in China. In 2015, Ericsson sued TCL in the Federal District Court for the Eastern District of Texas for infringement of five of its patents. After review by both parties, the US Patent Examination and Appeal Board (PTAB) ruled that four of the patents were invalid, and only one patent was still in dispute. At the end of 2017, the Texas federal jury ruled that TCL was maliciously infringing, causing TCL to face huge damages of at least US$110 million. In April 2020, the U.S. Court of Appeals for the Federal Circuit overturned the decision of the U.S. District Court for the Eastern District of Texas on the patent eligibility of the patent in question, and ruled that the claims of the involved patent were invalid in accordance with Article 101 of the U.S. Patent Act, and therefore The judgment of at least US$110 million in damages for TCL was revoked. So far, TCL has achieved a reversal in this five-year patent lawsuit. There are many successful cases similar to the above, reflecting the positive changes in foreign trade companies attitudes when encountering overseas lawsuits in recent years. In the history of foreign trade development for more than 20 years, foreign trade companies have suffered humiliation in overseas lawsuits. In summary, a book of blood and tears can be written. In the beginning, because they were not familiar with overseas market laws and regulations and lacked the corresponding professional legal talents, foreign trade companies often responded passively and were at the mercy of others. They incurred huge losses and even had to withdraw from a certain market completely. With the improvement of Chinas product quality, technological progress, increased awareness of patent protection, and the expansion of the team of foreign-related professional lawyers, companies have accumulated more confidence and confidence in the face of overseas litigation. Facts have proved that many cases have indeed won because of the technological advancement of Chinese companies. In the above-mentioned TCL and LED display cases, the high level of enterprise technology and high product quality are the key factors that they can ultimately turn danger into a disaster. Nowadays, Chinese companies have gradually emerged from the quagmire of losing suits in the early stage. In recent years, the voice of winning suits has become louder and louder. This is a process of constantly learning lessons. More and more Chinese companies realize that their own technology and products are strong, and they are familiar with international trade rules and key market legal systems. Only by cooperating with the industry as much as possible can they withstand the prolonged tug-of-war of litigation and increase the probability of victory. From ZTE’s huge fines in the United States in 2017 to Huawei’s continued attacks in the United States for several years, on the one hand it reflects the lack of China’s core and key technologies, and on the other hand, it also reflects the “movements” of Chinese companies in the process of climbing into the high-end global value chain. The cheese of others has touched the traditional superiority of European and American companies. In recent years, trade frictions have increased. Not only have cases in traditional markets such as Europe and the United States maintained their usual performance, trade disputes from emerging markets such as India and Brazil have also occurred from time to time. This is a reality that Chinese companies have to face. Only by facing difficulties can they occupy a better competitive position in the international market and benefit the development of foreign trade in the next few years. Dealing with international trade disputes is an important detail in trade reform. In the process of the transformation of the entire foreign trade industry, foreign trade companies’ familiarity with the international market, grasp of international trade rules, practice of innovation and upgrading, and emphasis on product quality upgrading have all undergone qualitative changes, thereby greatly improving Possibility of winning overseas litigation. In this way, without knowing it, the power of global trade has changed, and Chinese enterprises have gained new vitality in the long precipitation of strength. In the face of overseas lawsuits, I no longer accept it, but fight to the end. This is the best change supported by strength. In 2021, the reform has just begun. In addition to the transformation and upgrading of trade, cross-border e-commerce and overseas litigation, there are many dimensions of trade reform that can be discussed and summarized, such as high-quality development, free trade zone construction, “Belt and Road” practice, and RMB exchange rate. Volatility, new formats of foreign trade, intelligent and digital trends, especially trade digitalization, will exist as the productivity of foreign trade development in the next few years. Technology has changed everything, from the outside to the core. Almost every technological revolution in history has brought about great development in the world. Human beings have accumulated splendid spiritual and material civilization in this gradient, creating greater space and tension for independent thinking, and enabling each of us to find the value of survival to a certain extent. Trade is undergoing unprecedented disruption. Regardless of whether you feel, understand, or act in it, it will sweep through everything with a destructive force. There is a clear trajectory for the development of foreign trade. Up to now, there are traces of change. No luck, some are just peoples struggles. Changes never happen suddenly, but are based on the family business accumulated by countless foreign trade personnel for years. It has long been rooted in the wisdom and actions of foreign traders and has become an instinctive reaction. Countless masters of foreign trade have cultivated the vast land of Chinas foreign trade in a low-key manner, becoming the epitome and accomplishing their careers. Counting from Chinas accession to the World Trade Organization, foreign trade companies have gone through 20 years of prosperous years, and even the third and fourth generations of foreign trade personnel have been employed. In 2021, we are still on the road, and we will continue to change. Source: Import and Export Manager Magazine Issue 1, 2021 Editor: Hanson u0026nbsp;u0026nbsp;Media Cooperation: 010-88379140 Statement: The material used in this article is part of the Internet. If copyright issues are involved, please contact us in time. Feel good, click on the bottom right corner Looking atu0026nbsp;identify the QR code, pay attention to our import and export manager business tool, long press the QR code to follow the world business
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