July 01, 2014

Exploring the Timeframe for Activities Establishing a Domestic Industry in ITC Investigations

Intellectual property disputes may be brought in the U.S. International Trade Commission (ITC) to prevent the importation and sale of infringing articles from harming a domestic industry within the United States. To establish a protectable domestic industry, the ITC employs a two-part test that includes an economic prong, requiring a threshold level of domestic activities or investments, and a technical prong that relates those domestic activities to the subject intellectual property.

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