Legal Research Guide for the Customs Enforcement of ITC Exclusion Orders
32 Legal Ref. Servs. Q. 214 (2013)
35 Pages Posted: 3 Jun 2013 Last revised: 21 Sep 2013
Date Written: January 2, 2013
In recent years, the ITC has become more important in the enforcement of intellectual property (“IP”) rights, including the enforcement of ITC exclusion orders by the Customs and Border Protection (“CBP”). This Legal Research Guide (“Guide”) provides comprehensive coverage of the primary and secondary sources available in the field of CBP enforcement of ITC exclusion orders, and focuses on primary sources because of the subject’s relative newness and administrative law nature. Primary sources include: (1) the U.S. Constitution; (2) U.S. statutory provisions under Title 19 and 35, and legislative histories for those provisions; (3) international treaties; (4) case law from the U.S. Supreme Court, the Federal Circuit, and the Court of International Trade; (5) administrative rules and regulations under Title 19 of the Code of Federal Regulations (“C.F.R.”); and, (6) administrative proceedings of the ITC and CBP. Secondary sources include: (1) treatises and looseleaf services; (2) periodical articles; (3) practice aids; (4) government websites; and, (5) current awareness materials such as newsletters, blogs, and other e-resources. This Guide should serve as a valuable resource on ITC enforcement for both practitioners and scholars.
Keywords: legal research guide, customs, CBP, enforcement, ITC, International Trade Commission, exclusion order, section 337, s337, patents, IP rights
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