2: Intellectual Property-Based Import Investigations

Facilitate a rules-based international trading system by conducting intellectual property-based import investigations in an expeditious and transparent manner and providing for effective relief when violations of Section 337 are found and relief is warranted.

Other Information:

Stable mission. The Commission adjudicates complaints brought by domestic industries under Section 337 of the Tariff Act of 1930 that allege infringement of U.S. intellectual property rights and other unfair methods of competition in connection with imported goods. The Commission thereby facilitates a rules-based international trading system by providing a fair and transparent forum for the adjudication of such disputes. Section 337 investigations are conducted in accordance with the Administrative Procedure Act, which affords the parties the opportunity to conduct discovery, present evidence, and make legal arguments before the Administrative Law Judges and the Commission. The procedures also protect the public interest and provide the parties with expedited determinations. The Commission expertly defends these determinations during judicial appeals. Dynamic workload. The Section 337 caseload has risen significantly as the Commission’s forum has become of greater interest to intellectual property right holders. The Commission produces high-quality, detailed analyses of complex legal and technical subject matter while handling the increase in workload. Resource Requirements: Technical expertise. Operation No. 2 involves the efforts of Commissioners and their staffs, Commission Administrative Law Judges and their law clerks, attorneys from the Office of Unfair Import Investigations and the Office of the General Counsel, and the Secretary and her staff. Attorneys in the various offices that work on substantive Section 337 issues have technical or intellectual property law expertise. The Office of the Chief Information Officer provides support for automated data and information systems, the Office of External Relations provides media relations and other support, and the Office of Administration provides administrative support. New tools. The Commission seeks to provide effective litigation support tools to Commission staff, such as document access via electronic means, and to monitor continuously and, when necessary, rebalance caseloads, in order to produce the best work product with the available technical and human resources. Enhanced skills. The effort also includes maintaining staff currency in litigation skills, technical expertise, and analytical methods by such means as participation in outside and in-house academic conferences and other professional fora.

Objective(s):

2.1: Timeliness

2.2: Information

2.3: Enforcement

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