We meet – aff is key to preventing international infringement of domestic IPR.
Shriver, Ernest P. "Separate but Equal: Intellectual Proeprty Importation and the Recent Amendments to Section 337." Minn. J. Global Trade 5 (1996): 441.
Section 337 of the Tariff Act of 1930 protects against international infringement of domestic intellectual property rights, including patent rights, 5 copyrights,6 trademarks, 7 and semiconductor chip mask work.8 Section 337 creates a separate channel of relief from intellectual property infringement under the auspices of the ITC, which is distinct from the federal courts. The ITC may grant a cease-and-desist order,9 a limited exclusion order directed against named respondents,' 0 or a general exclusion order which is enforceable at the border against any person." This procedure contrasts with the U.S. federal district court procedures for patent infringement. Title 35 of the United States Code sets forth the federal remedy available to intellectual property owners against infringement. 12 The remedies available to a patent owner in a Title 35 action, upon a finding of infringement, include injunctive relief and compensatory damages no less than a reasonable royalty.' 3 The court in a Title 35 action may also, at its discretion, award treble damages. 14 The federal courts, however, cannot order extraordinary injunctive relief such as general in rem exclusion orders; damages in a federal court action are limited to money damages and/or injunctive relief.15 The basic inefficiency of the federal courts is one reason why Section 337 exists and why domestic concerns still strongly support it. In contrast to Section 337 investigations before the ITC, the federal court system is harder to access, 16 slower, 17 and less likely to provide significant relief to domestic producers whose goal is to exclude all infringing products from the U.S. market.'