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International Trade Administrative Agency

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

Drilling Down On NAFTA Renegotiations: Energy Sector Primer

by King & Spalding on

During the fifth round of talks regarding the renegotiation of the North American Free Trade Agreement (NAFTA), which were held in Mexico City from November 17-21, 2017, the United States Trade Representative (USTR) published...more

Year in Review: The Most Popular Blog Posts of 2017

As 2018 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2017. According to the many readers of Global IP Matters, hot topics included navigating...more

Claim Drafting Strategy for Filing in the US and Europe

by Workman Nydegger on

Although obtaining a patent in Europe is similar to the process of obtaining a patent in the US, there are some important distinctions that should be considered when drafting a patent application that will be filed in both...more

New Year's Resolutions For The U.S. Patent System

by Foley & Lardner LLP on

It’s that time of year when we make resolutions to improve our health, our relationships, our careers, or other areas of our lives. I’m not starting a new diet today (although if I were, the invention described in this patent...more

Worldwide Bolar-type Provisions*

Please see full chart for Bolar Excemption rules in foreign countries regarding Clinical Trials, New Drugs, Biosimilars and Foreign Jurisdiction issues. ...more

Federal Circuit Speaks Regarding State Law Remedy for BPCIA’s “Patent Dance”

On December 14, 2017, the Federal Circuit issued a unanimous decision in Amgen Inc. v. Sandoz Inc., No. 2015-1499, interpreting whether the Biologics Price Competition and Innovation Act (BPCIA) is subject to state law...more

When Is It Too Late to Amend an Answer to an ITC Complaint?

by Jones Day on

We recently posted about when a complainant is permitted to amend its complaint and the good cause that must be shown. Similar issues arise where a respondent wants to amend an answer without showing good cause. An order...more

Hogan Lovells: ITC Section 337 Quarterly Highlights

by Hogan Lovells on

Will the 100 Day single issue program live up to its promise? When the ITC first ordered a Judge to take evidence on a single issue to determine if the issue was case dispositive, the year was 2013. After the order, the...more

Refusal To Register Scandalous And Immoral Trademarks Ruled As Unconsitutional By Federal Circuit

by Ladas & Parry LLP on

Following the Supreme Court’s ruling in In re Tam that a refusal to register disparaging trademarks is an unconstitutional violation of freedom of speech reported on June 19, 2017, the Court of Appeals for the Federal Circuit...more

USITC Remedy Recommendations in Solar Cell Section 201 Investigation on the President’s Desk for Consideration

by Morgan Lewis on

At the end of January 2018, President Trump will decide whether to impose tariffs and quotas on imports of solar cells and modules, as the US solar industry braces for the worst, and continues to lobby against the recommended...more

Distillations: Sour Fruit of the B&B Hardware Vine

by Fish & Richardson on

Since the U.S. Supreme Court decided in B&B Hardware, Inc. v. Hargis Indus., Inc. that the decisions of the Trademark Trial & Appeal Board can be preclusive in later civil litigation, practitioners have been on the watch to...more

The Fate of the International Entrepreneur Rule Remains Uncertain, But There May Be Hope

by Foley Hoag LLP on

The Obama-era International Entrepreneur Rule (“IE Rule”), which had been scheduled to go into effect on July 17, 2017, would allow qualifying foreign entrepreneurs to come to the US to establish, oversee, and grow their...more

Canada moves closer to joining the Hague Agreement with the release of proposed new Industrial Design Regulations

by Smart & Biggar on

On December 9, 2017 Canada’s Governor-in-Council took the formal step of publishing proposed new Industrial Design Regulations (the proposed Regulations) in the Canadian Gazette. A 30-day consultation period has been set,...more

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

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