Protecting Trade Secrets At The ITC

The first article of this series examined how the federal district courts have recently enhanced the relief afforded U.S. trade secret holders under the Defend Trade Secrets Act (DTSA) for the overseas misappropriation of trade secrets. This article explains how the U.S. International Trade Commission has allowed IP rights holders to address unfair methods of competition caused by the overseas misappropriation of trade secrets. It also includes practice tips for pursuing a claim at the International Trade Commission.

Trade Secret Law at the ITC

The Commission investigates unfair trade practices under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337. It has the authority "to provide an adequate remedy for domestic industries against unfair methods of competition and unfair acts instigated by foreign concerns operating beyond the in personam jurisdiction of domestic courts." Sealed Air Corp. v. Int'l Trade Comm'n, 645 F.2d 976, 985-86 (C.C.P.A.