International Trade Commission - The Real Rocket Docket

NYSBA International Law Practicum, Autumn 2012, Vol. 25, No. 2

2 Pages Posted: 13 Apr 2013

Date Written: 2012

Abstract

The United States International Trade Commission (ITC) is an administrative agency for patent enforcement. Jurisdiction over importers is invoked by the mere act of importation. Section 1337 gives the ITC power to exclude products that are found to infringe a U.S. Patent and to issue cease and desist orders.

One of the unique advantages of the ITC is the speed of the proceedings. The ITC is required to complete an investigation at the earliest practicable time after the date of publication of the notice of such investigation. This time period is usually about 15 months as compared with years for federal district courts. Thus, "The Real Rocket Docket."

Keywords: Patents, Intellectual Property, Cease & Desist, Patent Jurisdiction

JEL Classification: K11, K39, O34

Suggested Citation

Johnson, James A., International Trade Commission - The Real Rocket Docket (2012). NYSBA International Law Practicum, Autumn 2012, Vol. 25, No. 2. Available at SSRN: https://ssrn.com/abstract=2249008

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