11. Still a Protectionist Trade Remedy: The Case for Repealing Section 337
- Author:
- K. William Watson
- Publication Date:
- 09-2012
- Content Type:
- Working Paper
- Institution:
- The Cato Institute
- Abstract:
- Section 337 of the Tariff Act of 1930 gives the United States International Trade Commis¬sion (ITC) the power to exclude products from the United States that are imported pursuant to “unfair methods of competition.” The range of potential activities covered by the law is broad, but the most common claim brought before the ITC is patent infringement. In addition to fil¬ing a lawsuit in federal district court, U.S. pat¬ent holders can often use Section 337 to bring a second case over the same subject matter as long as the defendant imports the impugned product from abroad. This tactic has become increasing¬ly popular because the ITC renders its decisions relatively quickly and has the authority to order a very powerful remedy—total exclusion of the product from the U.S. market.
- Topic:
- International Organization, International Trade and Finance, World Trade Organization, and Labor Issues
- Political Geography:
- United States