Japon

États-Unis d'Amérique

Moyens de faire respecter les DPI

19. Section 337 of the Tariff Act of 1930 provides that Administrative Law Judge and USITC determine a target date. Please explain how many target dates have been determined since 1 January 1996. In such cases, please explain whether the target dates are consistent with Article 41.2 of the TRIPS Agreement, which requires that the procedures concerning the enforcement of intellectual property rights not entail unreasonable time-limits or unwarranted delays.

Section 337 is fully consistent with Article 41.2. By statute, Section 337 investigations must be completed at the earliest practicable time. Target dates for the completion of the investigation are set by the Administrative Law Judge early in the investigation. These requirements parallel the procedures set out in recently revised Rule 16 of the Federal Rules of Civil Procedure providing district courts with various mechanisms for expediting litigation. These target dates typically call for completion of the investigation in one year, although complex investigations may take about eighteen months to complete. The Commission has the flexibility to ensure that the target date set is not unreasonable and does not allow unwarranted delays.