Advancing America’s Interests Act
If passed, HB3535 would alter the current landscape of investigations conducted by the ITC regarding violations of trade practices. The proposed changes focus on requiring that complaints must demonstrate substantial investment in licensing activities that lead to genuine development of articles incorporating protected intellectual property. The bill also clarifies that mere reliance on activities by licensees will no longer suffice unless these activities directly contribute to innovations that sell in the U.S. market.
House Bill 3535, known as the Advancing America’s Interests Act, proposes amendments to Section 337 of the Tariff Act of 1930, which primarily addresses unfair practices in import trade. The bill aims to ensure that the resources of the U.S. International Trade Commission (ITC) are effectively allocated toward protecting genuine domestic industries. It seeks to refine the criteria under which the Commission investigates claims of unfair practices, emphasizing significant contributions to the adoption and development of new articles related to the patents, copyrights, trademarks, and other protected materials mentioned in the law.
The proposed amendments have generated discussions among stakeholders regarding what constitutes fair competition and the potential implications for small businesses versus larger companies. Proponents argue that the bill is crucial for ensuring that domestic industries are not unfairly disadvantaged by imports that violate U.S. intellectual property rights. However, critics raise concerns that the tightened criteria could make it more challenging for legitimate claims to succeed, thereby weakening protections afforded to American innovators in the global marketplace.