Border Protection For U.S. Intellectual Property

While the country is embroiled in heated political debate involving immigration and the appropriate means by which to protect U.S. borders, few if any disagree that many U.S. intellectual property owners are being swamped by infringing goods, counterfeits and knock-offs from other countries. Other than the U.S. district courts where infringement cases are often instituted, the combined powers of the U.S. International Trade Commission ("ITC") and the U.S. Customs and Border Protection ("CBP"), a bureau of the Department of Homeland Security, can be powerful allies for intellectual property owners seeking to protect their intellectual property from infringing imports.

The ITC is empowered under Section 337 of the Tariff Act of 1930 to issue strong remedies to prevent unfair practices in the importation of goods into the United States, including infringement of intellectual property rights. Though the ITC is thought of most often in terms of high stakes patent