Intellectual property infringement by foreign firms: Import protection through the ITC or court

• 成果类型: Article
• 署名作者: Brander, James A.; Spencer, Barbara J.
• 署名单位: University of British Columbia; National Bureau of Economic Research
• 刊物名称: JOURNAL OF INTERNATIONAL ECONOMICS
• ISSN/ISSBN: 0022-1996
• DOI: 10.1016/j.jinteco.2022.103694
• 发表日期: 2023
• 关键词: INTELLECTUAL PROPERTY; Patent infringement; Royalty; International Trade Commission; Import injunctions; Administered protection

摘要

This paper examines intellectual property litigation as a method of protection from patent -infringing imports. Claims against patent-infringing imports entering the United States may be filed before the International Trade Commission (ITC) or in district court. The ITC applies in-junctions (import prohibitions) that would seem to provide more protection from infringing imports than the standard license fee remedy in court. Settlements prior to legal adjudication are common in both venues. Using a model with Nash bargaining and Cournot competition, we show that an ITC filing may restrict imports by less than in court. This result tends to apply if product differentiation is high and the size of the patented cost-reducing innovation is large.(c) 2022 Elsevier B.V. All rights reserved.