Professor Shubha Ghosh Submits Public Interest Statement to Trade Commission
Shubha Ghosh, Crandall Melvin Professor of Law, submitted a Public Interest Statement with the US International Trade Commission on Aug. 18, 2020.
The Statement raises public interest and competition issues with the Initial Determinations of an Administrative Law Judge at the Commission under Section 1337 Chapter 19, which deals with customs duties, finding that Daewoong Pharmaceuticals had misappropriated Medytox’s trade secrets in developing and importing Nabota, a competing botulinum toxin ("Botox”) product. The judge also recommended a ban on imports of Nabota for the next decade.
Professor Ghosh’s statement raises questions about whether trade secrets were misappropriated. It also expressed concerns about the anti-competitive effects of the judge’s determinations.
He writes, "[The] determination would transform Section 1337 into a pseudo-anti-dumping regime—where a company that has no rights to enforce the IP at issue nonetheless can obtain relief based merely on a product competing with it. Such a shift extinguishes competition without any public benefit from innovation, and thus is not appropriate.”
Professor Ghosh wrote and submitted the Statement pro bono in conjunction with the Washington, DC, law firms of Foster, Murphy, Altman & Nickel and Kobre & Kim.