Patent Infringement of Innovations by Foreign Competitors: The Role of the U.S. International Trade Commission

1989 ◽  
Vol 53 (4) ◽  
pp. 63-75 ◽  
Author(s):  
Robert J. Thomas

Patent infringement by foreign firms in U.S. markets challenges the effectiveness of legal patents as barriers to entry for firms developing marketing strategy for innovations. The United States International Trade Commission, an independent regulatory agency with broad powers to investigate patent infringement and other international marketing issues, offers a possible remedy for this problem. Data from 195 patent infringement cases completed since 1974 are the basis for discussing issues related to the ITC's role as regulator over a 14-year period.

2018 ◽  
Author(s):  
Gregory Sidak

In the United States, a patent holder can pursue several remedies against a patent infringer. Section 284 of the Patent Act provides that, upon a finding of infringement, “the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty . . . .” In addition, § 283 provides that a court “may grant injunctions in accordance with the principles of equity to prevent the violation of any right secured by patent.” Section 337 of the Tariff Act of 1930 also allows a patent holder to petition the U.S. International Trade Commission (ITC)—a federal agency that investigates matters of international trade and advises on international trade policy— to issue an exclusion order against an infringer, a remedy that denies the importation and sale in the United States of products that infringe a valid and enforceable U.S. patent.3 In a case of patent infringement, a patent holder may thus seek damages for the infringement, an injunction, and an exclusion order.


2014 ◽  
Vol 41 (1) ◽  
pp. 60-75
Author(s):  
Tomasz M. Napiórkowski

Abstract The aim of this research is to asses the hypothesis that foreign direct investment (FDI) and international trade have had a positive impact on innovation in one of the most significant economies in the world, the United States (U.S.). To do so, the author used annual data from 1995 to 2010 to build a set of econometric models. In each model, 11 in total) the number of patent applications by U.S. residents is regressed on inward FDI stock, exports and imports of the economy as a collective, and in each of the 10 SITC groups separately. Although the topic of FDI is widely covered in the literature, there are still disagreements when it comes to the impact of foreign direct investment on the host economy [McGrattan, 2011]. To partially address this gap, this research approaches the host economy not only as an aggregate, but also as a sum of its components (i.e., SITC groups), which to the knowledge of this author has not yet been done on the innovation-FDI-trade plane, especially for the U.S. Unfortunately, the study suffers from the lack of available data. For example, the number of patents and other used variables is reported in the aggregate and not for each SITC groups (e.g., trade). As a result, our conclusions regarding exports and imports in a specific SITC category (and the total) impact innovation in the U.S. is reported in the aggregate. General notions found in the literature are first shown and discussed. Second, the dynamics of innovation, trade and inward FDI stock in the U.S. are presented. Third, the main portion of the work, i.e. the econometric study, takes place, leading to several policy applications and conclusions.


Author(s):  
Craig Allen

The first completely researched history of U.S. Spanish-language television traces the rise of two foremost, if widely unrecognized, modern American enterprises—the Spanish-language networks Univision and Telemundo. It is a standard scholarly history constructed from archives, original interviews, reportage, and other public materials. Occasioned by the public’s wakening to a “Latinization” of the U.S., the book demonstrates that the emergence of Spanish-language television as a force in mass communication is essential to understanding the increasing role of Latinos and Latino affairs in modern American society. It argues that a combination of foreign and domestic entrepreneurs and innovators who overcame large odds resolves a significant and timely question: In an English-speaking country, how could a Spanish-speaking institution have emerged? Through exploration of significant and colorful pioneers, continuing conflicts and setbacks, landmark strides, and ongoing controversies—and with revelations that include regulatory indecision, behind-the-scenes tug-of-war, and the internationalization of U.S. mass media—the rise of a Spanish-language institution in the English-speaking U.S. is explained. Nine chapters that begin with Spanish-language television’s inception in 1961 and end 2012 chronologically narrate the endeavor’s first 50 years. Events, passages, and themes are thoroughly referenced.


Author(s):  
Rohani Hj Ab Ghani ◽  
Zulhilmi Paidi

The Indonesia-Malaysia confrontation between 1963-1966 was an important event attracting the attention of politicians and scholars alike as the conflict had threatened the long existing relations between the two countries. Indonesian confrontation with Malaysia was due to its refusal to accept the formation of the new federation of Malaysia, founded on 16th September 1963. Sukarno’s confrontational stand on this had broken the long-standing sentiments of regional brotherhood or “saudara serumpun” that had nurtured between the two countries for many years. The conflict also saw the involvement of major powers like the United States (U.S.), Britain, China and Russia in the midst of bipolar power struggle between the communist and the anti-communist as part of the ongoing Cold War. The three years of confrontation witnessed great attempts at peace efforts by U.S. Although U.S. involvement in the conflict was merely as a moderator for both countries it was also fueled by its efforts of containment of communism in the Southeast Asian region. The U.S. viewed that the conflict should be resolved in the context of “Asian solution” as it involved two Asian countries A settlement to the Malaysia-Indonesia confrontation was finally achieved through the Bangkok Agreement, signed in August 1966. This paper discusses the role of U.S. in its attempts at finding an amicable settle to the confrontation in the form of “Asian solution.”  


2019 ◽  
Vol 28 (1) ◽  
pp. 39
Author(s):  
Ewa Gmurzyńska

<p class="Normalny1">This article presents a history and development of the institution of justices of the peace in the United States from the beginning of formation of American democracy until modern times. It presents jurisdiction, the scope of the activities and the role of justices of the peace in several states through different periods of times. It includes a thorough discussion concerning pros and cons of justices of the peace in the U.S. legal system and general tendency of declining the institution of justices of the peace in modern times. The article includes also a discussion of the major court decisions concerning justices of the peace.</p>


2017 ◽  
Vol 17 (1) ◽  
pp. 31-52 ◽  
Author(s):  
Sawsan Abutabenjeh ◽  
Stephen B. Gordon ◽  
Berhanu Mengistu

By implementing various forms of preference policies, countries around the world intervene in their economies for their own political and economic purposes. Likewise, twenty-five states in the U.S. have implemented in-state preference policies (NASPO, 2012) to protect and support their own vendors from out-of-state competition to achieve similar purposes. The purpose of this paper is to show the connection between protectionist public policy instruments noted in the international trade literature and the in-state preference policies within the United States. This paper argues that the reasons and the rationales for adopting these preference policies in international trade and the states' contexts are similar. Given the similarity in policy outcomes, the paper further argues that the international trade literature provides an overarching explanation to help understand what states could expect in applying in-state preference policies.


2021 ◽  
pp. 027507402110492
Author(s):  
JungHo Park ◽  
Yongjin Ahn

This article examines government employees’ experience and expectation of socioeconomic hardships during the COVID-19 pandemic—employment income loss, housing instability, and food insufficiency—by focusing on the role of gender and race. Employing the Household Pulse Survey, a nationally representative and near real-time pandemic data deployed by the U.S. Census Bureau, we find that government employees were less affected by the pandemic than non-government employees across socioeconomic hardships. However, female and racial minorities, when investigated within government employees, have a worse experience and expectation of pandemic hardships than men and non-Hispanic Whites. Our findings suggest a clear gender gap and racial disparities in the experience and expectation of pandemic hardships.


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