In 2011, a record number of complaints were filed with the International Trade Commission (ITC), a federal agency that investigates claims of infringement of statutory intellectual property rights and other forms of unfair competition in import trade. Given its relatively expedited legal procedures and attractive importation remedies, the ITC has become an increasingly popular venue. Its workload mostly involves investigations into patent infringement, but the agency is beginning to see more disputes involving the wrongful acquisition of valuable corporate secrets by foreign entities. In such situations, bringing suit in federal court is one possible solution, but what if the misappropriation took place entirely overseas, arguably beyond the reach of domestic trade secret laws? A recent dispute before the ITC highlighted its importance for rights holders seeking to stop the importation of competing goods manufactured abroad using misappropriated trade secrets.
This article will discuss the ITC generally, as well as the details and implications of a notable ITC determination and appeals court decision that granted relief to a domestic trade secret holder that suffered misappropriation by a foreign competitor.
The ITC Generally
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