Confirming the Federal Circuit’s 2011 decision in TianRui, the International Trade Commission has statutory authority over the importation of goods into the US incorporating misappropriated trade secrets, even if the acts of misappropriation occurred wholly outside the US.
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On June 8, 2021, the Senate voted 68 to 32 to approve The American Innovation and Competition Act. The Act is an omnibus package of bills that took over a year to negotiate.
Major pieces of Legislation include:
Even before the COVID-19 pandemic, knockoffs were a $500 billion global criminal enterprise, predicted to double by 2022 with the exponential rise in e-commerce. 2020’s pandemic accelerated both phenomena: Within three months of onset in the U.S., online shopping spiked 32%, throwing open the door to fake fashion, electronics, medicines and more.
Now more than
Last year saw a marked uptick in unfair import investigations at the International Trade Commission (ITC), with an especially strong close to the year: eight new complaints in December alone brought the year’s total to 62 new complaints to the Commission, well above the ten-year average of 49. Complaints alleging trade secret misappropriation rose particularly,
Apr.03.2020
The COVID-19 pandemic presents unique and unprecedented challenges to the ongoing need to protect confidential information and trade secrets. The massive business disruptions that enterprises of all kinds now face include (1) entire workforces forced to work remotely, accessing and using confidential information and trade secrets from home; (2) exigent circumstances created by the
Last week, the Department of Justice issued new guidance regarding the application of Exemption 4 to the Freedom of Information Act (FOIA) following the Supreme Court’s decision this past June in Food Marketing Institute v. Argus Leader Media, 139 S. Ct. 2356 (2019). (Crowell & Moring previously wrote about Argus Leader here.)
As