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Wednesday, November 29, 2023

Copyright Factors To Consider for ITC General Exemption Orders

This post appeared in The Copyright Strategist, an ALM/Law Journal Newsletters publication that offers an useful source of both service and lawsuits methods in the fast-changing location of copyright law, consisting of prosecuting IP rights, patent damages, location and violation concerns, inter partes evaluation, hallmarks on social networks– and more.

The broadest treatment that the International Trade Commission (ITC or the Commission) can provide under 19 U.S.C. § 1337 (Area 337) is a General Exemption Order (GEO), which obstructs importation of all infringing items despite source, even by importers who were not participants in the ITC examination. GEOs are harder to get than the more typical Restricted Exemption Order (LEO) as they need extra evidence either that an LEO will not suffice to stop the infringing imports or that there is an extensive pattern of infraction of the asserted IP.

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