International

RECENT ARTICLES:

THE INTERNATIONAL TRADE COMMISSION: POTENTIAL BIAS, HOLD-UP, AND THE NEED FOR REFORM
2009 Duke L. & Tech. Rev. 0011
International
12/04/2009
The International Trade Commission (ITC) is an alternate venue for holders of U.S. patents to pursue litigation against infringing products produced abroad and imported to the United States. Because the ITC may only grant injunctive relief, it has awarded injunctions in situations where there may have been better and more efficient remedies to the infringement available through litigation in federal district court. The increased likelihood of injunctive relief bolsters the position of patent holders against a wide range of producers in royalty negotiations and can harm the end consumers through a process known as “patent hold-up.” There are currently sweeping and aggressive proposed reforms to reduce this harm to consumers. This iBrief suggests that the optimal reforms would not change the overall structure or scope of the ITC or its jurisdiction. Rather it would harmonize the substantive law, available defenses for respondents, and requirements for injunctive relief between ITC proceedings and litigation in federal district court.

Archived Articles

Title: Date Posted:
EXPERIMENTING WITH TERRITORIALITY: PAN-EUROPEAN MUSIC LICENSE AND THE PERSISTENCE OF OLD PARADIGMS 9/22/2009
THE CONSTITUTIONALITY OF WIPO’S BROADCASTING TREATY: THE ORIGINALITY AND LIMITED TIMES REQUIREMENTS OF THE COPYRIGHT CLAUSE 9/25/2006
PROTECTING INTELLECTUAL PROPERTY IN THE DEVELOPING WORLD: NEXT STOP–THAILAND 3/27/2006
MINING THE COMMON HERITAGE OF OUR DNA: LESSONS LEARNED FROM GROTIUS AND PARDO 3/8/2006
CHINA’S WAPI POLICY: SECURITY MEASURE OR TRADE PROTECTIONISM? 6/15/2005
THE SPS AGREEMENT: CAN IT REGULATE TRADE IN NANOTECHNOLOGY? 5/16/2005
THE EUROPEAN UNION ‘SOFTWARE PATENTS’ DIRECTIVE: WHAT IS IT? WHY IS IT? WHERE ARE WE NOW? 5/1/2005
THE TRADE OF CROSS-BORDER GAMBLING AND BETTING: THE WTO DISPUTE BETWEEN ANTIGUA AND THE UNITED STATES 11/5/2004
A MANIFESTO ON WIPO AND THE FUTURE OF INTELLECTUAL PROPERTY 9/8/2004
EUROPE: OPEN MARKET… OPEN SOURCE? 11/3/2003
FROM NAPSTER TO KAZAA: THE BATTLE OVER PEER-TO-PEER FILESHARING GOES INTERNATIONAL 3/28/2003
ICANN – NOW AND THEN: ICANN’S REFORM AND ITS PROBLEMS 4/11/2003
THE FUTURE OF WIRELESS SPAM 10/28/2002
MICROSOFT AND THE EUROPEAN UNION FACE OFF OVER INTERNET PRIVACY CONCERNS 8/21/2002
U.S. EXPORT CONTROLS ON TECHNOLOGY TRANSFERS 8/29/2001
INTERNATIONAL LIABILITY IN CYBERSPACE 7/5/2001
OFFSHORE OFFERINGS BY FOREIGN ENTITIES: HOW FAR WILL THE SEC REACH TO REGULATE? 2/28/2001