Section 337 Investigations Trade Secret Misappropriation Cases

As practice under Section 337 has grown, so has an interpretation of the law. Practice under Section 337 before the United States International Trade Commission (ITC) requires in-depth analyses and explanations of the participants in a Section 337 investigation and the procedural rules of an investigation and related issues. The ITC offers advantages for a complainant in proving the respondent responsible for case issues. Also, it is better adapted to employ the legal tech to the case. The remedy obtained in which a plaintiff prevails is much more robust; therefore, it gives the complainant a competitive edge. Section 337 investigation requires peculiar elements such as domestic industry, public interest, misappropriation of a trade secret, protection of the trade secret, and the trade secret’s economic value. Each element above needs an in-depth review to understand the characteristics of the investigation deeply. For instance, the domestic industry element for trade secret misappropriation requires in-depth case studies because the legal standard differs from patent infringement. Moreover, the legal standard itself variated from its initiation and relaxed itself to facilitate intellectual property rights holders’ protection, and thus it is crucial to investigate the specifics of other elements of the Investigations. The practice in Section 337 investigations has a significant impact on the APEC region due to the nature of cross-border disputes related to intellectual property, based on importing into the US territory. The ban on importation to the US gravely impacts trade amongst the APEC region, and APEC member economies should make an in-depth review of the Section 337 investigations.