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Administrative Agency International Trade

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

100-Day Pilot Program Proceedings Remain Rare

by Jones Day on

In two recent orders, the Commission denied respondents’ requests for entry into its Early Disposition Pilot Program (100-day Pilot Program). It has now been over two years since the ITC issued its proposed rulemaking for the...more

U.K. Government's Technical Note: A New Streamlined Process for All EU Applicants Post-Brexit?

by Faegre Baker Daniels on

On 7 November 2017, the U.K. Government published a Technical Note on the administrative procedures that will apply to EU citizens post Brexit. The Note contains the intended approach of the Home Office on the new ‘settled...more

Trade & Manufacturing Alert - December 2017

by King & Spalding on

“Core Elements” Of TPP-11 Agreement Reached In Vietnam - On November 10, 2017, Trade Ministers from the eleven remaining Trans-Pacific Partnership (TPP) countries (minus the United States) announced that they had reached...more

When Is It Too Late to Amend an ITC Complaint?

by Jones Day on

In a recent order, Administrative Law Judge McNamara denied Complainants Advanced Micro Devices, Inc. and ATI Technologies ULC’s motion for leave to file an amended complaint to assert U.S. Patent Nos. 8,760,454 and 9,582,846...more

International Trademarks: Japan has Embraced Color

by Revision Legal on

Trademarking colors has been a complex and confusing legal history question. Color has always been allowed as part of the mark design, but for many years trademarking was denied for stand-alone colors and schemes. Even now...more

State Income Tax Implications of Base Broadening Components of House and Senate Tax Reform Bills

by McDermott Will & Emery on

While there are differences between the House and Senate tax reform bills that remain to be worked out between the two chambers, both bills are positioned to broaden the tax base and reduce the tax rate. This article...more

“Core Elements” Of TPP-11 Agreement Reached In Vietnam

by King & Spalding on

On November 10, 2017, Trade Ministers from the eleven remaining Trans-Pacific Partnership (TPP) countries (minus the United States) announced that they had reached an agreement on “core elements” of the renegotiated...more

Japan Legal Update Volume 31 | November 2017

by Jones Day on

Labor & Employment - Japan's Ministry of Health, Labour and Welfare Requests Employer Associations to Prepare for the Conversion Rule - As April 1, 2018, will mark the fifth year since the "Rule on conversion of...more

Canada Provides More Guidance On Patent Eligibility Of Diagnostic Method Claims

by Foley & Lardner LLP on

While the patent eligibility of diagnostic method claims remains questionable in the United States, the Canadian Intellectual Property Office has issued updated guidance on the types of diagnostic method claims that can–and...more

The CCF uses tough love on INTERPOL’s National Central Bureaus

by Estlund Law, P.A. on

Under the leadership of its current Chairman, Vitalie Pirlog, the Commission for the Control of INTERPOL’s Files (“CCF”) has proven in this year’s decisions that it is serious about holding National Central Bureaus to their...more

ITC Clarifies Domestic Industry Requirement for Unregistered Trade Dress

by Jones Day on

The ITC issued an Opinion finding a violation of Section 337 and issuing a general exclusion order and cease and desist orders. Of note, the Commission clarified that the “domestic industry” for unregistered trade dress need...more

National security reviews 2017: A global perspective — France

by White & Case LLP on

Following the Montebourg Decree in 2014, the scope of activities covered by national security reviews has been significantly extended to several key industries...more

November 2017 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

by Cozen O'Connor on

This edition of the Cozen O’Connor Aviation Regulatory Update discusses new restrictions on Cuba travel, DOT’s Small Community Air Service Development Grant Program, new DOT drug testing requirements for safety-sensitive...more

Statistics on the Backlog Problem and "Fast-Track" Options in Brazil

The recent proposal of automatically granting pending applications without examination is nothing but a desperate measure against a problem that has been haunting applicants and practitioners for decades. Apart from the...more

WTO Appellate Body Report: Indonesia – Import Licensing Regimes

by White & Case LLP on

...The WTO Appellate Body has ruled that certain import licensing measures maintained by Indonesia constitute impermissible import restrictions under Article XI:1 of the General Agreement on Tariffs and Trade (GATT) 1994....more

Proposed Emergency Patent Grant Measures in Brazil

The Brazilian Government may soon launch an emergency measure to eliminate the Patent Office's backlog by automatically granting 231,000 pending non-pharmaceutical applications. The proposed rules for implementing the new...more

ALJ Doubles Down on Compelling Depositions in the U.S.

by Jones Day on

ALJ McNamara recently confirmed and tightened her previous order compelling depositions of certain Japanese witnesses in the United States. Certain Digital Cable And Satellite Products, Inv. No. 337-TA-1049, Order No....more

The Article 29 Working Party Releases Draft Guidelines on the Application and Setting of Administrative Fines

by WilmerHale on

One of the key components of the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) is its stronger enforcement mechanisms. Administrative fines are one of the most powerful parts of the enforcement...more

Cain Takes the Reins as Chief of SEC’s FCPA Unit

by Moore & Van Allen PLLC on

With the official announcement that Charles Cain will replace Kara Brockmeyer as head of the SEC’s Foreign Corrupt Practices Act (FCPA) Unit, it is more likely that we will see a return to the enforcement trends and outcomes...more

Global Patent Prosecution Newsletter - November 2017

An Update on Brazilian Patent Law – Emergency Backlog/Fast-Track Options and Enforcement Issues - We are delighted to have as contributors to the November Global Patent Prosecution newsletter, Ricardo Nunes and Andre...more

USPTO Expands Collaborative Search Pilot Program

by Foley & Lardner LLP on

As announced in this October 30, 2017 Federal Register notice, the USPTO is expanding the Collaborative Search Pilot Program under which applicants can request that multiple intellectual property offices exchange search...more

House Tax Bill Would Fundamentally Change Executive Compensation and Employee Benefit Practices

by Morrison & Foerster LLP on

On November 2, 2017, the House Ways and Means Committee unveiled the Tax Cuts and Jobs Act (the “Bill”), which, if enacted, could dramatically impact certain aspects of executive compensation and employee benefit issues. The...more

Preparing European Priority Applications for Stronger U.S. Patents

The current U.S. patent climate mandates a heightened focus on quality prosecution. For consumer product companies headquartered in Europe, and for those that regularly innovate there, this means preparing and filing European...more

Expediting Patent Prosecution with the New Expanded Collaborative Search Pilot Program

On November 1, 2017 the U.S. Patent and Trademark Office (USPTO) implemented an expansion of the Collaborative Search Pilot Program (CSP), which began in 2015 and ended earlier in 2017, to expedite prosecution of related...more

Limited Exclusion Order Does Not Require Specific Findings as to Components

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a limited exclusion order issued by the International Trade Commission (ITC) against infringing “network devices, related software and components thereof,” finding no...more

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