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November 26, 2012
Article Authored by Brattle Economists on ITC Section 337 Cases and Public Interest Featured on Law360
An article authored by Brattle economists that provides an economic view of intellectual property rights (IRP) enforcement through Section 337 at the International Trade Commission (ITC) has been recently featured on the Intellectual Property and International Trade sections of Law 360. In the article, the authors examine the ITC’s IPR enforcement through Section 337 as an increasingly important avenue to protect rights and promote broader innovation policy goals, yet argue that such enforcement should not lose sight of the ultimate policy objective: to promote economic welfare through the optimal balance of the creation and diffusion of innovative ideas. In order to ensure that the ultimate policy objectives are protected, Section 337 permits the suspension of the proposed remedy if it is in the public interest. The authors explain that evaluating the impact on the public interest is a balancing act between the benefits of existing innovations and the detrimental impacts on future innovation from less stringent IPR enforcement. The ITC has a complex task in applying the public interest mandate, and must dissect the IPR policy to find opportunities that enhance the public interest and economic welfare. The article, “An Economic View of ITC 337 Cases and the Public Interest,” was authored by Brattle academic advisor Robert Rogowsky, senior associate Pallavi Seth, and principal Coleman Bazelon. To read the article in its entirety, please visit the Law360 website.