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Intellectual Property International Law Regulation

IP Considerations for ITC General Exclusion Orders

In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For IP owners facing infringing imported products from numerous elusive sources, a GEO can be a powerful remedy to tackle all infringing products at once.

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The broadest remedy that the International Trade Commission (ITC or the Commission) can deliver under 19 U.S.C. §1337 (Section 337) is a General Exclusion Order (GEO), which blocks importation of all infringing goods regardless of source, even by importers who were not respondents in the ITC investigation. GEOs are more difficult to obtain than the more common Limited Exclusion Order (LEO) as they require additional proof either that an LEO will not be enough to stop the infringing imports or that there is a widespread pattern of violation of the asserted IP.

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