Intellectual Property and the International Trade Commission
June 22, 2018
Section 337 of the Tariff Act of 1930 has been a powerful tool for protecting U.S. intellectual property (IP) rights and the U.S. market from unfair competition for nearly 100 years. The statute empowers the U.S. International Trade Commission (ITC) to ban imports of goods that inappropriately use U.S. intellectual property. Since it was last amended in 1988, however, new issues have emerged with the law and the Commission’s role in enforcing its provisions. As the economy modernizes and intellectual property enters the digital realm, we examine the ITC and its role in enforcing IP rights and suggest possible ways the ITC can modernize its operations to better confront the challenges of the twenty-first century.