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Hastings Communications and Entertainment Law Journal

Abstract

Foreign infringement of U.S. intellectual property rights continues to affect U.S. business revenue, particularly for copyright-dependent industries. Trade-based remedies-such as sections 301 and 337 of the Trade Act of 1974, recently amended by the Omnibus Trade and Competitiveness Act of 1988-may be used to combat this infringement successfully. Sections 301 and 337 have generally been used separately as distinct remedies for different problems. This Note suggests, however, that in view of U.S. industries' long-term goal of reducing revenue losses attributable to foreign intellectual property infringement, sections 301 and 337 are more effectively used in tandem, particularly against copyright infringement. This Note first illustrates typical problems faced by a copyright-dependent business engaged in international sales. It then examines the procedures and requirements of sections 301 and 337, and copyright actions brought under each statute as well as the statutes' consistency with U.S. obligations under the General Agreement on Tariffs and Trade. The Note concludes that those companies contemplating or engaged in international sales of copyrighted products should consider incorporating the proposed synthesis as part of its marketing and development strategy, thus focusing efforts on the long-term prevention of intellectual property-related revenue losses.

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