Adduci, Mastriani & Schaumberg LLP

Exclusion Order Process to be Reviewed (June, 2013)

Date: 
Jun 26 2013

IPEC issues a Federal Register notice announcing an interagency review of the exclusion order process.

On June 20, 2013, the Executive Office of the President, through the U.S. Intellectual Property Enforcement Coordinator (IPEC), issued a Federal Register notice announcing an interagency review, which has as its goal, strengthening the practices and procedures used in enforcing exclusion orders issued by the U.S. International Trade Commission (ITC) pursuant to section 337 of the Tariff Act of 1930, as amended, and making such enforcement more transparent, effective, and efficient. The due date for responses to the notice is July 21, 2013. The review was called for by the 2013 Joint Strategic Plan on Intellectual Property Enforcement and the White House Task Force on High-Tech Patents, and will be conducted jointly by the IPEC (chair), the ITC, the Department of Homeland Security, the Department of Commerce, Department of the Treasury, and offices within the Office of the President (United States Trade Representative, National Economic Council, and the Office of Science and Technology). 
 
To assist it in performing the review, the IPEC is seeking public responses to seven questions that involve not only a party's experience with the exclusion order process, but also comments on the relationship between the ITC and U.S. Customs and Border Protection (CBP), and how the enforcement process could be improved. Recently, Deanna Tanner Okun and Jonathan Engler published an article regarding the current problems with enforcement of ITC exclusion orders. That article, which is attached, presents a different improvement to the current system, one in which the ITC, with its statutory safeguards of transparency, appealability, and due process, retains sole authority for resolving disputes regarding the scope of ITC exclusion orders. We feel that this fundamental change would result in a much fairer process to both complainants and respondents alike.
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