The International Trade Commission as a Model for Entry-Point Administrative Based Intellectual Property Rights Enforcement

Abstract

The United States International Trade Commission, through 19 U.S.C § 1337 provides a mechanism by which owners of United States Intellectual Property Rights are able to seek enforcement against those attempting to import infringing products. This paper compares the Commission to administrative trade agencies of a selection of the largest trading partners of the United States. It is important to understand how the Commission has developed over time to become a strong forum for IPR enforcement, as compared to other countries’ administrative agencies, which have not adopted the Commission’s IPR-focused entry-point enforcement. In its current role, the Commission provides an example to foreign counterpart administrative agencies for developing IPR focused adjudication and practices.

Keywords: International Trade Commission, 337, Patents, Comparative Law, IP Enforcement