A little-known federal agency might be our most powerful asset in the race for global tech leadership. The International Trade Commission has the power to deter patent infringement abroad and at home by blocking infringers’ access to the huge American market.
It’s up to policymakers to make sure this asset gets deployed to the full extent of the law.
Here’s the problem: In today’s knowledge economy, ideas are the coin of the realm, but America’s intellectual property is under constant attack.
That’s because a 2006 Supreme Court decision, eBay v. MercExchange, severely curtailed the rights of IP owners. Previously, patent holders could easily stop infringers with court orders, called injunctions, preventing the sale of knockoff products that illegally incorporated patented technology.
But the eBay case changed the procedure for obtaining a court injunction. Patent holders now must prove that money alone can’t make them whole for the damage the infringement …