Tuesday, August 6, 2013

Samsung, Apple, and Protectionism

In June, the ITC handed Samsung an import ban on some old Apple's products which violate Samsung's patents.

Then came the presidential veto of ITC's determination, overruling the exclusion order and cease and desist order. I have to emphasize that the US Trade Representative did not veto ITC's finding that Apple had violated Samsung's patents.

The question is if this is an example of protectionism in a free market economy.

If the ban is vetoed, what can the ITC award to Samsung in lieu? If there's no remedy for Samsung, and no punishment for Apple, has the whole thing been a huge waste of time and money?

Who is going to appeal to the higher Courts?

I welcome the US Trade Representative's veto because it protects consumer's interest. At the same time, the veto brings with it many more unanswered questions. This might signal the beginning of some rework in the US intellectual property system.

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