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 Collection: Congressional Research Service Reports
An Examination of the Issues Surrounding Biotechnology Patenting and Its Effect Upon Entrepreneurial Companies
The biotechnology industry is notable both for its heavy concentration of small businesses and its weighty research and development (R&D) expenditures. Given the small size and heavy expenses of many biotechnology firms, their ability to raise venture capital may be of some consequence. The patent law has been identified as a facilitator of these R&D financing efforts. Congress may choose to exercise oversight on these issues. Such consideration would likely include examination of U.S. commitments in international agreements along with other factors. digital.library.unt.edu/ark:/67531/metacrs1296/
Intellectual Property and the Free Trade Agreements: Innovation Policy Issues
This report discusses Free Trade Agreements (FTA) with Australia, Chile, Singapore, and other trading partners in respect to copyrights, data protection, patents, trademarks, and other forms of intellectual property. digital.library.unt.edu/ark:/67531/metacrs8252/
Intellectual Property, Computer Software and the Open Source Movement
No Description digital.library.unt.edu/ark:/67531/metacrs5959/
Scientific Research and the Experimental Use Privilege in Patent Law
No Description digital.library.unt.edu/ark:/67531/metacrs6034/
Deferred Examination of Patent Applications: Implications for Innovation Policy
This report provides an overview of deferred patent examination. It begins by offering a brief review of patent acquisition proceedings as well as challenges faced by the U.S. Patent and Trademark Office (USPTO). The report then introduces the concept of deferred examination. The potential positive and negative consequences of deferred examination upon the environment for innovation within the United States are then explored. The report closes by identifying salient design parameters for deferred examination systems and reviewing congressional options. digital.library.unt.edu/ark:/67531/metadc501596/
Follow-On Biologics: The Law and Intellectual Property Issues
This report reviews the Biologics Price Competition and Innovation Act of 2009 (BPCIA), within the context of intellectual property and innovation issues. It provides an introduction to the biologics industry, introduces the regulatory and intellectual property provisions of the BPCIA, considers the potential market for biosimilars and possible industry responses that may arise in the wake of this legislation, and closes with concluding observations. digital.library.unt.edu/ark:/67531/metadc276926/
Intellectual Property in Industrial Designs: Issues in Innovation and Competition
This report identifies several current issues relating to intellectual property in industrial designs. It begins by describing the different sorts of intellectual property protection that apply to industrial designs. The report then identifies current issues at the interface between intellectual property and industrial designs. The report closes by reviewing the impact that sui generis rights regimes may have upon innovation and competition in the United States. digital.library.unt.edu/ark:/67531/metadc462460/
Intellectual Property in Industrial Designs: Issues in Innovation and Competition
Report that identifies several current issues relating to intellectual property in industrial designs. It describes the different sorts of intellectual property protection that apply to industrial designs, and identifies current issues at the interface between intellectual property and industrial designs. digital.library.unt.edu/ark:/67531/metadc228079/
Mayo v. Prometheus: Implications for Patents, Biotechnology, and Personalized Medicine
Report that reviews the Supreme Court's 2012 Mayo Collaborative Services v. Prometheus Laboratories decision (wherein the court held that a patent claiming a method of optimizing therapies for autoimmune disease was invalid) and briefly consider its implications for innovation and public health. digital.library.unt.edu/ark:/67531/metadc227824/
Patents and Drug Importation
This report explores the intellectual property laws and policies concerning the parallel importation of patented pharmaceuticals into the United States. digital.library.unt.edu/ark:/67531/metadc806436/
Patents and Drug Importation
This report explores the intellectual property laws and policies concerning the parallel importation of patented pharmaceuticals into the United States. digital.library.unt.edu/ark:/67531/metadc822377/
Patents and Drug Importation
This report explores the intellectual property laws and policies concerning the parallel importation of patented pharmaceuticals into the United States. digital.library.unt.edu/ark:/67531/metadc807817/
Pharmaceutical Patent Litigation Settlements: Implications for Competition and Innovation
This report introduces and analyzes innovation policy issues concerning pharmaceutical patent litigation settlements, including pharmaceutical patent litigation procedures under the Hatch-Waxman Act, the concept of reverse payment settlements, the status of reverse payment settlements under the antitrust laws, and congressional issues and alternatives. digital.library.unt.edu/ark:/67531/metadc795761/
Copyright Law: Legalizing Home Taping of Audio and Video Recordings
Various Members of Congress have proposed amendments to the Copyright Act that would provide a blanket exemption for noncommercial home audio and video off-air recording. The major thrust of the copyright owners' opposing position is if you cannot protect what you own, or at least receive some compensation for its use, you own nothing. This is countered by those who feel the purpose of the copyright law is to promote broad public availability of artistic products and when the copyright owners decide to use the distribution mechanism of the public airwaves, they have to accept the premises of the public airwaves. digital.library.unt.edu/ark:/67531/metacrs9043/
Copyright Protection of Digital Television: The "Broadcast Flag"
This report addresses the adoption of a “broadcast flag” system by the Federal Communications Commission (FCC) to protect digital television (DTV) broadcasts from unauthorized redistribution. The report also addresses the recent decision of the United States Court of Appeals for the District of Columbia Circuit reversing and vacating the FCC’s broadcast flag report and order. digital.library.unt.edu/ark:/67531/metacrs7772/
The GATT and the WTO: An Overview
The Uruguay Round Agreement reduced tariffs, brought services, intellectual property, and agriculture under the discipline of the General Agreement on Tariffs and Trade, and established the World Trade Organization. Multilateral trade issues for the future include continuing services negotiations, the relationship of the environment and labor standards to trade, and investment and competition policy. digital.library.unt.edu/ark:/67531/metadc26090/
Safe Harbor for Service Providers Under the Digital Millennium Copyright Act
No Description digital.library.unt.edu/ark:/67531/metacrs5958/
Availability of Injunctive Relief for Standard-Essential Patent Holders
This report provides an overview of the current debate over whether a holder of a patent essential to an industry standard, who has promised to license such patented technology on fair, reasonable, and non-discriminatory (FRAND) terms, may nevertheless obtain an injunction from a federal court or an exclusion order from the International Trade Commission against infringing products that implement the industry standard. The report first summarizes several fundamental principles of patent law, then discusses the relationship between standard-setting organizations and FRAND licensing. digital.library.unt.edu/ark:/67531/metadc822366/
False Patent Marking: Litigation and Legislation
This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future. digital.library.unt.edu/ark:/67531/metadc31372/
False Patent Marking: Litigation and Legislation
This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future. digital.library.unt.edu/ark:/67531/metadc29608/
Influenza Antiviral Drugs and Patent Law Issues
This report identifies and analyzes the patent law aspects of the current avian influenza drug situation. First, the report explains the role that patent rights have played in affecting the availability of Tamiflu. Second, the report examines options for increasing the drug’s production, including the possibility of governments abrogating Roche’s patent rights by issuing compulsory licenses to other drug companies to manufacture generic versions of Tamiflu without Roche’s consent. digital.library.unt.edu/ark:/67531/metacrs7939/
Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, and Patents
This report provides information describing the federal civil remedies and criminal penalties that may be available as a consequence of violations of the federal intellectual property laws: the Copyright Act of 1976, the Patent Act of 1952, and the Trademark Act of 1946 (conventionally known as the Lanham Act). digital.library.unt.edu/ark:/67531/metadc462794/
Intellectual Property Rights Violations: Federal Civil Remedies and Criminal Penalties Related to Copyrights, Trademarks, and Patents
This report provides information describing the federal civil remedies and criminal penalties that may be available as a consequence of violations of the federal intellectual property laws: the Copyright Act of 1976, the Patent Act of 1952, and the Trademark Act of 1946 (conventionally known as the Lanham Act). digital.library.unt.edu/ark:/67531/metadc795431/
The Jurisprudence of Justice John Paul Stevens: Selected Opinions on Intellectual Property Law
This report briefly surveys decisions of retiring Justice John Paul Stevens in intellectual property cases. An examination of Justice Stevens' written opinions relating to intellectual property law reveals a strong desire to ensure that the rights of intellectual property creators are balanced with the rights of the public to access creative and innovative works. digital.library.unt.edu/ark:/67531/metadc501575/
Online Copyright Infringement and Counterfeiting: Legislation in the 112th Congress
The global nature of the Internet offers expanded commercial opportunities for intellectual property (IP) rights holders but also increases the potential for copyright and trademark infringement. This report discusses the following recent draconian legislation in regard to this topic: the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act); the Stop Online Piracy Act (SOPA); and the Online Protection and Enforcement of Digital Trade Act (OPEN Act). digital.library.unt.edu/ark:/67531/metadc87194/
An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law
This report provides a brief summary of the Supreme Court's patent law jurisprudence in the following nine cases that have been decided since 2005: Merck KGaA v. Integra Lifesciences I, Unitherm Food Systems v. Swift-Eckrich, Illinois Tool Works v. Independent Ink, eBay v. MercExchange, Laboratory Corporation of America Holdings v. Metabolite Labs., MedImmune v. Genentech, KSR International Co. v. Teleflex Inc., Microsoft v. AT&T, Quanta Computer, Inc. v. LG Electronics, Inc., and Bilski v. Kappos. digital.library.unt.edu/ark:/67531/metadc31425/
An Overview of the "Patent Trolls" Debate
This report reviews the current debate and controversy surrounding "patent assertion entities" (PAEs) and their effect on innovation, examines the reasons for the rise in PAE litigation, and explores the legislative options available to Congress if it decides that these are issues that should be addressed. digital.library.unt.edu/ark:/67531/metadc462666/
An Overview of the "Patent Trolls" Debate
This report reviews the current debate and controversy surrounding "patent assertion entities" (PAEs) and their effect on innovation, examines the reasons for the rise in PAE litigation, and explores the legislative options available to Congress if it decides that these are issues that should be addressed. digital.library.unt.edu/ark:/67531/metadc122236/
Use of Trademarks as Keywords to Trigger Internet Search Engine Advertisements
This report provides a summary and analysis of judicial opinions that have developed the current state of trademark law governing keyword-triggered advertising. It discusses background of the issue, keyword advertising, and litigation related to keyword advertising. digital.library.unt.edu/ark:/67531/metadc503409/
A Legal Analysis of S. 968, the PROTECT IP Act
This report discusses the legality of S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act). It is related to the Combating Online Infringement and Counterfeits Act (COICA), which was approved by the Senate Judiciary Committee, but not enacted by the full Senate before the end of the 111th Congress. digital.library.unt.edu/ark:/67531/metadc98009/
Still Fair Use for Google Books: Second Circuit Ruling in Authors Guild v. Google
This legal sidebar discusses the decision in Authors Guild v. Google case, in which the U.S. Court of Appeals for the Second Circuit affirmed the lower court's ruling and held that Google's copying and distribution of books as part of its Google Books Project qualifies as fair use under the Copyright Act, and thus Google is not liable for infringement of the authors' copyright in these books. digital.library.unt.edu/ark:/67531/metadc795343/