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August 18, 2020

Schweikert, Delbene Introduce Legislation to Modernize ITC Process to Protect American Industry and Workers

WASHINGTON, DC – ICYMI: Representatives David Schweikert (AZ-06) and Suzan DelBene (WA-01) introduced the Advancing America’s Interests Act, legislation that would ensure the International Trade Commission (ITC) is not misused by patent licensing entities. Through the use of exclusion orders, the ITC has the power to ban products from being allowed into the U.S. for sale, and this power is being abused.

This legislation will modernize the ITC process to ensure that its resources are properly directed toward advancing America’s interests in protecting American industry, workers, and consumers. Specifically, this legislation would:

  • Establish an appropriate “domestic industry” standard. This section would require that a U.S. company cannot be used as a plaintiff/complainant unless they voluntarily join a complaint requesting the ITC’s relief.
  • Reaffirm the ITC’s public interest obligation. The ITC will be required to consider that public interest is paramount in the exercise of its remedial powers (regarding an exclusion order) and affirmatively determine that any exclusion serves the public interest. 
  • “This is an important step in the right direction towards reforming the ITC’s unfair imports process to ensure that American businesses have equitable access to protection for their ideas,” said Schweikert. “America has always been a shining light for innovation, and we must be vigilant in ensuring our role as trailblazers.”

     “The ITC was established to protect U.S. companies and consumers from unfair foreign competition, but in recent years, patent licensing entities have abused the ITC process for financial gain,” said DelBene. “This legislation addresses this problem and helps protect American businesses from unfair and unjustified claims.”

    The full bill text is available HERE.

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