Answers with respect to administrative procedures in the United States concerning the subject matter of questions 1 to 8 are addressed in the answers provided above to these questions.
[Answer 1: US Federal district courts have original jurisdiction over cases based upon infringement of rights based on Federal patent, trademark, plant variety protection, copyright, or semiconductor chip mask work laws (see, 28 U.S.C. 1338). The Federal district courts also have original jurisdiction over claims of unfair competition that are coupled with a substantial and related claim under any of those laws. In the interests of judicial efficiency, a claim of infringement can be heard in a state court if it is only incidental to allegations of another kind, such as breach of contract, that is primarily based on state law. State courts have jurisdiction over claims of trademark infringement, misappropriation of trade secrets, or unfair competition based on state laws but, depending on the nature of the claims and the parties involved, Federal district courts may also have jurisdiction. The US International Trade Commission (USITC) has jurisdiction in administrative actions under Section 337 of the Tariff Act of 1930.]
[Answer 2: The owners of intellectual property rights have standing to enforce their rights in court and before the USITC. In some instances (e.g., copyright) beneficial owners also can assert rights in an action in court or before the USITC. Parties may be represented by counsel admitted to practise before that court, or given special permission to do so, in any court in the United States. In the USITC, parties may be represented by a lawyer licensed to practise anywhere in the United States. Federal court judges have the authority to order the appearance of an individual who is within the court’s jurisdiction, if that person’s testimony is essential to the case. Judges can also authorize testimony to be provided by written or videotaped deposition in specific cases if a personal appearance would impose an extreme hardship.]
[Answer 3: The Federal Rules of Civil Procedure provide that parties involved in litigation may request answers to written questions and the production of documents, and may depose individuals whose testimony is required for the litigation. If any party declines to respond to requests for information, documents, or deposition, the requesting party may apply to the court to require compliance. During such a proceeding, the party of whom the request was made may present evidence showing why the request is in error or other reasons why no response should be given to the request. The judge will decide in such circumstances whether a response is required and whether the request should be limited in any way. Procedures in state courts are generally similar to the procedures defined by the Federal Rules of Civil Procedure. The procedural regulations of the USITC are also similar to the Federal Rules.]
[Answer 4: The Federal Rules of Civil Procedure authorize judges to limit who may be present when evidence of a confidential nature is presented in court or during depositions and to whom confidential documents may be shown. Judges also are authorized to issue protective orders prohibiting those with access to confidential information from revealing it, whether during or after the conclusion of litigation. In extreme cases, judges may review confidential information in camera, and keep such information under seal. State courts and the USITC regulations provide similar procedures for protection for confidential information.]
[Answer 5: Injunctions Actions that violate legal rights of intellectual property owners or beneficial owners may be enjoined, temporarily or permanently, by courts and such injunctions can be enforced by Federal marshals if violated. Damages Damages can be recovered by an aggrieved intellectual property owner for the infringement of an intellectual property right. The specific nature and form of damages that can be recovered varies with the nature of the intellectual property right that has been infringed, and depending on the circumstances of the case and the nature of the intellectual property right involved. For example, with respect to infringement of a patent, the court must award damages of an amount as to compensate the patent owner for the infringement, and rely on such factors as lost profits, reasonable royalty for use of the invention, interest, and other costs as determined. The court may also award attorneys fees and court costs to the successful litigant. In certain actions, such as actions for wilful infringement of a patent, treble damages can be awarded by the court. Specific considerations with respect to the determination of damages depend on the type of the intellectual property right in question. Destruction or Disposal of Infringing Articles or Related Equipment A court may order the destruction or other disposal of infringing goods and material/implements for their production in appropriate situations. Specific authority for such actions can be found in the sections of the United States Code pertaining to the specific type of intellectual property right (e.g., copyright, mask work, trademark), or under general authority provided under the Federal Rules of Civil Procedure to courts or to the USITC. Other Remedies The USITC may order the US Customs Service to exclude from entry goods that are found to infringe intellectual property rights and can order parties to cease and desist activities that violate Section 337.]
[Answer 6: The Federal Rules of Civil Procedure authorize courts to order the production of requested information or documents during the discovery process if that information is relevant to the litigation. Pursuant to this authority, a court may order an infringer to inform the right holder of the identity of third persons involved in the production and distribution of the goods or services found to be infringing and of their channels of distribution. Administrative law judges of the USITC have similar authority.]
[Answer 7: The Federal Rules of Civil Procedure authorize judges to provide for indemnification in appropriate cases (see, F.R.C.P. Rule 65(b)). Federal Courts must require parties seeking an injunction to post an adequate security with the court to ensure that indemnification will be possible (see, F.R.C.P. Rule 65(c)). The USITC can also require a complainant to post a bond that would be payable to the respondent if a temporary exclusion order is later determined to be unwarranted. Public authorities and officials cannot be held personally liable in situations in which their actions were within the scope of their duties and responsibilities and in which they were acting in good faith.]
[Answer 8: The length and cost of proceedings in the United States, whether before a court or before the USITC, varies in relation to the complexity and nature of the legal or administrative proceeding. Data concerning proceedings are not maintained in a form or character relevant to the question being proposed. It is noted that enforcement proceedings are in most instances matters within the jurisdiction of private litigants; such proceedings vary tremendously depending on the factual and legal circumstances of the action; and data concerning such proceedings is often confidential between the parties to the litigation. As such, the United States Government is not in a position to provide data on the actual duration or cost of proceedings concerned with the enforcement of intellectual property rights.]