The Sprint 2008 issue of the CIPIC Journal features an article by John Peterson, a partner in Neville Peterson LLP’s New York City office.
Entitled “Customs Enforcement of Section 337 Exclusion Orders: An Emerging Battleground”, the article addresses problems which patent holders experience in having United States Customs and Border Protection officials exclude from entry products which infringe patents and which the Untied States International Trade Commission (ITC) has ordered to be excluded from entry pursuant to Section 337 of the Tariff Act of 1930, as amended. It reviews several recent landmark lawsuits – several of which Neville Peterson LLP litigated – involving challenges to Customs’ enforcement of Section 337 exclusion orders.
Border enforcement of intellectual property rights against infringing, counterfeit and piratical goods has become a subject of considerable interest to traders, and has come to occupy an increasing part of Customs’ attention and resources. Section 337 filings in the ITC so far this year have already set an all-time record.
The CIPIC Journal is published by the Customs Intellectual Property Information Center, a Tokyo-based affiliate of the Japan Tariff Association.
Copies of the article are available from our offices in Japanese (the language of publication) or English (manuscript) offices. To request a copy please click here.
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