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337 investigations conducted by the U.S. International
Trade Commission most often involve claims regarding intellectual
property rights, including allegations of patent infringement
and trademark infringement by imported goods. Both utility
and design patents, as well as registered and common law trademarks,
may be asserted in these investigations. Other forms of unfair
competition involving imported products, such as infringement
of registered copyrights, mask works or boat hull designs,
misappropriation of trade secrets or trade dress, passing
off, and false advertising, may also be asserted. Additionally,
antitrust claims relating to imported goods may be asserted.
The primary remedy available in Section 337 investigations
is an exclusion order that directs Customs to stop infringing
imports from entering the United States. In addition, the
Commission may issue cease and desist orders against named
importers and other persons engaged in unfair acts that violate
Section 337. Expedited relief in the form of temporary exclusion
orders and temporary cease and desist orders may also be available
in certain exceptional circumstances. Section 337 investigations,
which are conducted pursuant to 19 U.S.C. § 1337 and
the Administrative Procedure Act, include trial proceedings
before administrative law judges and review by the Commission.
Section
337 resources
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