scholarly journals International Trade Commission Exclusion Orders for the Infringement of Standard-Essential Patents

2018 ◽  
Author(s):  
Gregory Sidak
Keyword(s):  
United States ◽  
International Trade ◽  
Trade Policy ◽  
The United States ◽  
Patent Infringement ◽  
International Trade Commission ◽  
Patent Holder ◽  
Standard Essential Patents ◽  
Section 337 ◽  
The U.S

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.

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
Keyword(s):  
International Trade ◽  
The United States ◽  
Patent Infringement ◽  
Foreign Firms ◽  
International Trade Commission ◽  
Barriers To Entry ◽  
Foreign Competitors ◽  
Problem Data ◽  
The U.S

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.

International trade protectionist policies and in-state preferences: A link

2017 ◽  
Vol 17 (1) ◽  
pp. 31-52 ◽  
Author(s):  
Sawsan Abutabenjeh ◽  
Stephen B. Gordon ◽  
Berhanu Mengistu
Keyword(s):  
United States ◽  
Public Policy ◽  
International Trade ◽  
Policy Instruments ◽  
The United States ◽  
Policy Outcomes ◽  
The World ◽  
State Preference ◽  
Public Policy Instruments ◽  
The U.S

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.

The United States in the Global Economy

2020 ◽  
pp. 11-34
Author(s):  
Douglas A. Irwin
Keyword(s):  
United States ◽  
International Trade ◽  
Public Opinion ◽  
World Trade ◽  
Global Economy ◽  
The United States ◽  
Production Costs ◽  
Basic Facts ◽  
Fragmentation Of Production ◽  
The U.S

This chapter sets out basic facts about international trade and the U.S. economy. It describes how world trade has expanded rapidly in the recent decades and explains how the development provides the context in which to consider trade policy. The chapter discusses the reasons for the increase in trade and how trade has changed with the fragmentation of production and the increase in trade of intermediate goods. It talks about the state of public opinion on the question of globalization. It also analyzes protectionist policies that directly harm employment in domestic industries by raising production costs in addition to forcing consumers to pay higher price for the products they buy.

scholarly journals The (in)effectiveness of the decisions Of the world trade organization in the analysis of the negative impacts of the New economic policy for u.s. agriculture

2021 ◽  
Vol 3 (4) ◽  
pp. 1827-1840
Author(s):  
Flávio Marcelo Rodrigues Bruno
Keyword(s):  
United States ◽  
Economic Policy ◽  
International Trade ◽  
World Trade Organization ◽  
World Trade ◽  
Upland Cotton ◽  
The United States ◽  
The World ◽  
Negative Impacts ◽  
The U.S

The present research has as its thematic approach, the (in) effectiveness of the decisions of the international commercial court from the recent economic policies for agriculture in the United States in relation to the determinations of the World Trade Organization (WTO) in the litigation on the granting of subsidies to cotton – Upland Cotton. It is the pretension of this research, to delimit the study of the subject in the sense of demonstrating that the United States continued to have negative impacts on the international market, even though they were defeated in the litigation against Brazil in the WTO Dispute Settlement Body. In the litigation of cotton subsidies – Upland Cotton, Brazil and the United States enter into controversy regarding the granting of this instrument of economic policy by the U.S. government to an industry in which Brazil has comparative advantages and competitive production, especially in international trade. The WTO ruling on the case has proved that the U.S. economic policy on the use of subsidies, in particular those granted to agriculture, constitute a protectionist practice that interferes negatively with international trade. An interdisciplinary legal analysis from the economic and political point of view is essential in the context of international trade relations that have a profound impact on U.S. trade policy practices.

U.S.-Canada Free Trade: What's in It for the U.S.?

1984 ◽  
Vol 26 (2) ◽  
pp. 225-244 ◽  
Author(s):  
Sidney Weintraub
Keyword(s):  
United States ◽  
International Relations ◽  
Trade Policy ◽  
Free Trade ◽  
Gross National Product ◽  
European Economic Community ◽  
The United States ◽  
Economic Community ◽  
Major Trading Partner ◽  
The U.S

Trade policy has played a larger role in the internal and international relations of Canada than of the United States, certainly in the last half century. There are many reasons for this: The Canadian economy is more open than that of the United States (e.g., merchandise exports as a percentage of gross national product were 30% in Canada and 7% in the United States in 1982); the United States is far more dominant in Canada's trade than any single country or group of countries such as the European Economic Community is in U.S. trade (in recent years about 70% of Canada's exports have been sent to the United States and more than 70% of its imports came from the United States; for the United States, about 15% of its exports in recent years went to Canada, its major trading partner, and between 15% and 20% of its imports have come from Canada); and with this double dependence on trade and on a single market, a selfinterested foreign policy must concentrate on trade policy (Grey, 1981: 3-4).

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