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1 Shayerah Ilias, Intellectual Property Rights Protection and Enforcement: Section 337 of the Tariff Act of 1930 CRS-1 (2008)

handle is hein.trade/intenfo0001 and id is 1 raw text is: Order Code RS22880 May 16, 2008 A CRS Report for Congress Intellectual Property Rights Protection and Enforcement: Section 337 of the Tariff Act of 1930 Shayerah Ilias Analyst in International Trade and Finance Foreign Affairs, Defense, and Trade Division Summary Section 337 of the Tariff Act of 1930 allows U.S. companies to protect themselves from imports that infringe intellectual property rights. The U.S. International Trade Commission (ITC) adjudicates complaints filed by U.S. companies alleging Section 337 violations. Primary remedies under Section 337 include exclusion orders and cease and desist orders. In recent years, there has been an increase in the number of Section 337 proceedings or actions. Members of Congress have expressed concern about the length of time for completion of Section 337 investigations and the effectiveness of enforcement of exclusion orders. This report will be updated as events warrant. Section 337 of the Tariff Act of 1930 Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is the primary option available to U.S. companies to protect themselves from imports into the United States of goods made by foreign companies that infringe U.S. intellectual property rights (IPRs), such as patents, trademarks, and copyrights.' The U.S. International Trade Commission (ITC) administers Section 337 investigations. Since 2001, over 90% of unfair competition acts asserted under Section 337 have involved patent infringement. These cases tend to be complex and require adjudication by the ITC.2 In the case of most copyrights and trademarks, the CBP is empowered to make on-the-spot determinations of IPR infringement.3 1 For more information on IPR protection and enforcement, see CRS Report RL34292, Intellectual Property Rights and International Trade, by Shayerah Ilias and Ian F. Fergusson, 2 Telephone conversation with ITC official, March 19, 2008. 3 19 U.S.C, § 156; 19 U.S.C. §1595a, and 19 C.F.R. § 133.42. Congressional Research Service -,- The Library of Congress Prepared for Members and Committees of Congress

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