Section 337 investigations 3 section 337 of the

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Section 337 investigations 3. Section 337 of the Tariff Act of 1930 declares as unlawful practices certain unfair practices related to IPRs, unfair methods of competition, and unfair acts in the importation and sale of products in the United States. 265 Section 337 investigations are initiated by the USITC. If the USITC determines that a Section 337 violation exists, it can issue exclusion orders or cease and desist orders, or both. If the USITC issues an exclusion order, the U.S. Customs Service is directed to bar entry into the United States of infringing goods from whatever source (general exclusion orders) or from specifically identified manufacturers, importers, and producers (limited exclusion orders). The President may disapprove an USITC order within 60 days of its issuance. 4. Between 1 January 2001 and 30 September 2003, 56 new Section 337 investigations were initiated. Forty-seven investigations involved allegations of patent infringement; four involved trade mark/trade dress infringement; two involved trade mark infringement and other unfair acts; one involved misappropriation of trade secrets and other unfair acts; one involved patent infringement, trade mark infringement, and other unfair acts; and one involved patent infringement and other unfair acts. Investigations covered products from (number of cases in parentheses): Chinese Taipei (17); China (13); Hong Kong, China (10); Japan (9); Canada (8); Germany (6); France (4); Singapore (4); Israel (3); Korea (3); Mexico (3); Netherlands (3); Belgium (2); Indonesia (2); Italy (2); 263 WTO document WT/DS160/19, 11 January 2002. 264 Argentina, the Bahamas, Brazil, Chinese Taipei, the EU, India, Indonesia, Lebanon, the Philippines, Poland, and Russia. 265 Section 337 specifically declares the infringement of the following statutory rights to be unlawful import practices: a U.S. patent or a U.S. copyright registered under Title 17, a registered trade mark, a mask work registered under Chapter 9 of Title 17, or a boat hull design protected under Chapter 13 of Title 17. In cases involving infringement of these intellectual property rights, there is no injury requirement.
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United States WT/TPR/S/126 Page 98 Philippines (2); Thailand (2); Austria (1); Belize (1); Denmark (1); India (1); Nicaragua (1); Sweden (1); Switzerland (1); Syria (1); and United Kingdom (1). 266 As of 30 September 2003, 41 of these cases had been completed and 15 were pending. 5. From 1 January through 30 September 2003, the USITC issued three limited exclusion orders covering imports; during 2002, it issued five limited exclusion orders and four cease and desist orders; and during 2001, the USITC issued two limited exclusion orders. The President permitted all limited exclusion orders and cease and desist orders issued since 1 January 2001 to become final. 266 These numbers reflect the countries where the foreign respondents in the investigations were located, except where there were no foreign respondents, in which case the numbers reflect the country of origin of the imports at issue as alleged in the complaints. Many investigations involved more than one country.
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