Friday, 11 December 2009

ITC gets the thumbs-up

The December 2009/January 2010 issue of Patent World, published ten times a year by Informa, carries an article, "International Trade Commission exclusion orders" by two Kilpatrick Stockton attorneys, Chris Murphy (Washington DC) and Wilson White (Atlanta). The authors review ITC's practice regarding orders made under section 337 of the Tariff Act 1930 ewhich empowers the ITC to exclude articles from import if they are found to infringe a valid US intellectual property right by either a general exclusion order or a limited exclusion order.

The article concludes that the ITC "provides a forum for fast and efficient resolution of intellectual property disputes and enjoys the reputation for providing remedies tailored to protect both the rights of IP owners and the public interest in unrestricted trade" even though recent developments in the Kyocera and Tessera cases have probably diminished its appeal as a forum.

Patent World's home page can be visited here. PatLit team member Michael Burdon is on the journal's editorial board.

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