Congressional Research Service Reports - 130 Matching Results
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- Copyright Protection for Fashion Design: A Legal Analysis of the Design Piracy Prohibition Act (H.R. 2196)
- Fashion design does not currently receive explicit protection under U.S. copyright law. This report analyzes the amendments that the Design Piracy Prohibition Act would make to the Copyright Act to provide for fashion design protection. It also summarizes arguments both in favor of and against extending such protection.
- Intellectual Property Rights and Access to Medicines: International Trade Issues
- This report focuses on the relationship between intellectual property right (IPR) provisions in international and U.S. trade policy and access to medicines. This issue represents one component of a broader debate about the relationship between trade policy and public health.
- Patent Reform in the 111th Congress: Innovation Issues
- This study provides an overview of current patent reform issues. It begins by offering a summary of the structure of the current patent system and the role of patents in innovation policy. The report then reviews some of the broader issues and concerns, including patent quality, the high costs of patent litigation, international harmonization, and speculation in patents, that have motivated these diverse legislative reform proposals.
- Follow-On Biologics: Intellectual Property and Innovation Issues
- Biologics, which are sometimes termed biopharmaceuticals or biotechnology drugs, have begun to play an increasingly important role in U.S. health care. Not only are sales of biologics growing rapidly, some experts estimate that in coming years half of all newly approved drugs will result from biotechnology. This report contains information on marketing approval issues, intellectual property issues, and innovation issues as related to biologics.
- The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology
- This report discusses the rationale behind the passage of P.L. 96-517 (Amendments to the Patent and Trademark Act, or the "Bayh-Dole Act") as well as its provisions and information regarding the implementation of the law. Under this 1980 law, as amended, title to inventions made with government support is provided to the contractor if that contractor is a small business, a university, or other non-profit institution.
- 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.
- Follow-On Biologics: Intellectual Property and Innovation Issues
- This report reviews doctrinal and policy issues pertaining to follow-on biologics. The report first introduces the application of federal food and drug legislation to follow-on biologics. It next turns to the patent implications of marketing follow-on biologics. Following this review of substantive law, the remainder of the report introduces innovation policy issues pertaining to follow-on biologics.
- 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).
- Intellectual Property Rights and International Trade
- This report discusses the different kinds of intellectual property rights (IPR); forms of IPR infringement; importance of IPR to the U.S. economy; estimated losses associated with IPR infringement; organizational structure of IPR protection in multilateral, regional, bilateral; U.S. government agencies involved with IPR and trade; and issues for Congress regarding IPR and international trade.
- Intellectual Property Rights and International Trade
- This report discusses the different kinds of intellectual property rights (IPR); forms of IPR infringement; importance of IPR to the U.S. economy; estimated losses associated with IPR infringement; organizational structure of IPR protection in multilateral, regional, bilateral; U.S. government agencies involved with IPR and trade; and issues for Congress regarding IPR and international trade.
- Expanding the Scope of the Public Performance Right for Sound Recordings: A Legal Analysis of the Performance Rights Act of 2007 (H.R. 4789 and S. 2500)
- No Description Available.
- 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.
- Follow-On Biologics: Intellectual Property and Innovation Issues
- This report provides information about the Intellectual Property and Innovation Issues on Follow-On Biologics. Biologics which are sometimes referred as biotechnology have begun to play an increasingly important role in the U.S health care.
- Follow-On Biologics: Intellectual Property and Innovation Issues
- This report provides information about the Intellectual Property and Innovation Issues on Follow-On Biologics. Biologics which are sometimes referred as biotechnology have begun to play an increasingly important role in the U.S health care.
- Innovation and Intellectual Property Issues in Homeland Security
- This report examines concerns that patents, trade secrets or other intellectual rights may impede the prompt, widespread and cost-effective distribution of innovations that promote homeland security.
- Gene Patents: A Brief Overview of Intellectual Property Issues
- This report provides a brief overview of intellectual property issues on Gene patents. The myriad holding attempts to provide investors and firms with incentives to conduct R&D while recognizing that pattern might obtain too much control in future research
- Influenza Antiviral Drugs and Patent Law Issues
- This report examines the role that intellectual property rights play in affecting the availability of a patented drug such as Tamiflu during public health crises. The report also explains one legal mechanism for increasing a patented drug’s production without the patent holder’s consent: governments may abrogate a pharmaceutical company’s patent rights by issuing compulsory licenses to other drug companies to manufacture generic versions of the drug.
- Follow-On Biologics: Intellectual Property and Innovation Issues
- Biologics, which are sometimes termed biopharmaceuticals or biotechnology drugs, have begun to play an increasingly important role in U.S. health care. Not only are sales of biologics growing rapidly, some experts estimate that in coming years half of all newly approved drugs will result from biotechnology. This report contains information on marketing approval issues, intellectual property issues, and innovation issues as related to biologics.
- Patents and Drug Importation
- This report explores the intellectual property laws and policies concerning the parallel importation of patented pharmaceuticals into the United States.
- Exporting Software and the Extraterritorial Reach of U.S. Patent Law: Microsoft Corp. v. AT&T Corp.
- Generally speaking, United States patent law does not have extraterritorial effect. The exception, however, is § 271(f) of the Patent Act, which makes it an act of patent infringement to manufacture within the United States the components of a patented invention and then export those disassembled parts for combination abroad into an end product. This report discusses Microsoft Corp. v. AT&T Corp. (550 U.S. ___ , No. 05-1056, decided April 30, 2007), in which the U.S. Supreme Court held that software companies are not liable for patent infringement under § 271(f) when they export software that has been embodied in machine-readable, physical form (a CD-ROM, for example), with the intent that such software be copied abroad for installation onto foreign-manufactured computers.
- Follow-On Biologics: Intellectual Property and Innovation Issues
- Biologics, which are sometimes termed biopharmaceuticals or biotechnology drugs, have begun to play an increasingly important role in U.S. health care. Not only are sales of biologics growing rapidly, some experts estimate that in coming years half of all newly approved drugs will result from biotechnology. This report contains information on marketing approval issues, intellectual property issues, and innovation issues as related to biologics.
- Innovation and Intellectual Property Issues in Homeland Security
- This report examines concerns that patents, trade secrets or other intellectual rights may impede the prompt, widespread and cost-effective distribution of innovations that promote homeland security.
- Intellectual Property and the Free Trade Agreements: Innovation Policy Issues
- This report offers a broad overview of the intellectual property components of the FTAs. It begins by offering a brief introduction to the global intellectual property system. Next, this report considers the subject matter of the different free trade agreements themselves. It then reviews perceived concerns with respect to the free trade agreements and closes with concluding observations.
- Patents and Drug Importation
- This report explores the intellectual property laws and policies concerning the parallel importation of patented pharmaceuticals into the United States.
- Open Access Publishing and Citation Archives: Background and Controversy
- This report begins with an inventory of basic information: definitions and guides to histories of the growth of open access publishing and citation archives and descriptions of selected major open access activities. It moves on to summarize major points of difference between proponents and opponents of nongovernmental open access publishing and databases, and then highlights federal, including National Institutes of Health (NIH), open access activities and contentious issues surrounding these developments. The report also briefly describes open access developments in the United Kingdom (where a number of governmental and nongovernmental initiatives have occurred) and in the international arena. Finally, controversial issues which could receive attention the 110th Congress are summarized.
- Open Access Publishing and Citation Archives: Background and Controversy
- This report begins with an inventory of basic information: definitions and guides to histories of the growth of open access publishing and citation archives and descriptions of selected major open access activities. It moves on to summarize major points of difference between proponents and opponents of nongovernmental open access publishing and databases, and then highlights federal, including National Institutes of Health (NIH), open access activities and contentious issues surrounding these developments. The report also briefly describes open access developments in the United Kingdom (where a number of governmental and nongovernmental initiatives have occurred) and in the international arena. Finally, controversial issues which could receive attention in the 109th Congress are summarized.
- Gene Patents: A Brief Overview of Intellectual Property Issues
- This report is a brief discussion of the ethical, legal, and economic issues of gene patenting. The courts have upheld gene patents that meet the criteria of patentability defined by the Patent Act. However, the practice of awarding patents on genes has come under intense scrutiny by some scientists, legal scholars, politicians, and other experts.
- Open Access Publishing and Citatation Archives: Background and Controversy
- This report begins with an inventory of basic information: definitions and guides to histories of the growth of open access publishing and citation archives and descriptions of selected major open access activities. It moves on to summarize major points of difference between proponents and opponents of nongovernmental open access publishing and databases, and then highlights federal, including National Institutes of Health (NIH), open access activities and contentious issues surrounding these developments. The report also briefly describes open access developments in the United Kingdom (where a number of governmental and nongovernmental initiatives have occurred) and in the international arena. Finally, controversial issues which could receive attention in the 109th Congress are summarized.
- Patent Reform: Issues in the Biomedical and Software Industries
- No Description Available.
- Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security
- Congressional interest in the development of bioterrorism countermeasures remains strong, even after passage of legislation establishing Project BioShield. In the 109th Congress, several bills have been introduced, including S. 3, the Protecting America in the War on Terror Act, S. 975, the Project Bioshield II Act, and S. 1873, the Biodefense and Pandemic Vaccine and Drug Development Act, that would generate additional incentives for the creation of new technologies to counteract potential biological threats. These bills propose reforms to current policies and practices associated with intellectual property, particularly patents, and the marketing of pharmaceuticals and related products.
- The Google Book Search Project: Is Online Indexing a Fair Use Under Copyright Law?
- This report provides background on the pending litigation. Google, Inc. is digitally scanning the collections of several prominent libraries in order to create a vast searchable database of literary works. Copyright holders who have not authorized and object to the digitization have filed suit against the company.
- 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.
- 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.
- Open Access Publishing and Citation Archives: Background and Controversy
- This report begins with an inventory of basic information: definitions and guides to histories of the growth of open access publishing and citation archives and descriptions of selected major open access activities. It moves on to summarize major points of difference between proponents and opponents of nongovernmental open access publishing and databases, and then highlights federal, including National Institutes of Health (NIH), open access activities and contentious issues surrounding these developments. The report also briefly describes open access developments in the United Kingdom (where a number of governmental and nongovernmental initiatives have occurred) and in the international arena. Finally, controversial issues which could receive attention in the 109th Congress are summarized.
- Open Access Publishing and Citation Archives: Background and Controversy
- This report begins with an inventory of basic information: definitions and guides to histories of the growth of open access publishing and citation archives and descriptions of selected major open access activities. It moves on to summarize major points of difference between proponents and opponents of nongovernmental open access publishing and databases, and then highlights federal, including National Institutes of Health (NIH), open access activities and contentious issues surrounding these developments. The report also briefly describes open access developments in the United Kingdom (where a number of governmental and nongovernmental initiatives have occurred) and in the international arena. Finally, controversial issues which could receive attention in the 109th Congress are summarized.
- The Family Entertainment and Copyright Act of 2005
- Intellectual property legislation that came close to enactment during the 108th Congress has been enacted. The Family Entertainment and Copyright Act of 2005 was signed into law on April 27, 2005. Among the issues addressed are unauthorized distribution of pre-release commercial works, the marketing of devices for home use to edit objectionable content from DVDs, the preservation of the nation's film heritage, and use by libraries and archives of "orphan works."
- 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.
- Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security
- In the 109th Congress, several bills have been introduced, including S. 3, the Protecting America in the War on Terror Act, and S. 975, the Project Bioshield II Act, that would generate additional incentives for the creation of new technologies to counteract potential biological threats. These bills propose reforms to current policies and practices associated with intellectual property, particularly patents, and the marketing of pharmaceuticals and related products. This report includes patents and innovation, the role of patents in pharmaceutical/biomedical R&D, legislative developments and proposals for change.
- Copyright Law: Digital Rights Management Legislation in the 107th and 108th Congresses
- Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th and 108th Congresses. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital (and traditional) copyright infringement and educating the public about the rights of copyright holders.
- Scientific Research and the Experimental Use Privilege in Patent Law
- No Description Available.
- Copyright Law: Digital Rights Management Legislation
- Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th Congress and those that are pending in the 108th Congress. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital (and traditional) copyright infringement and educating the public about the rights of copyright holders.
- H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004
- H.R. 1417, 108th Congress, first session, was introduced on March 25, 2003 and passed by the House on March 3, 2004. If enacted, this bill would make extensive changed to the procedural framework for adjudicating royalty rates for compulsory licenses under the Copyright Act. This report details the background and legislative action on the Copyright Royalty and Distribution Reform Act of 2004.
- Copyright Law: Digital Rights Management Legislation
- Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th Congress and those that are pending in the 108th Congress. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital (and traditional) copyright infringement and educating the public about the rights of copyright holders.
- Copyright Law: Digital Rights Management Legislation
- Digital Rights Management (DRM) refers to the technology that copyright owners use to protect digital media. This report surveys several of the DRM bills that were introduced in the 107th Congress and those that are pending in the 108th Congress. Generally, the bills are directed at two separate goals. One goal is to increase access to digitally-protected media for lawful purposes. The other attempts to thwart digital piracy and would do so by enhancing civil and criminal sanctions for digital (and traditional) copyright infringement and educating the public about the rights of copyright holders.
- Patents and Drug Importation
- This report explores the intellectual property laws and policies concerning the parallel importation of patented pharmaceuticals into the United States.
- H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004
- H.R. 1417, 108th Congress, first session, was introduced on March 25, 2003 and passed by the House on March 3, 2004. If enacted, this bill would make extensive changed to the procedural framework for adjudicating royalty rates for compulsory licenses under the Copyright Act. This report details the background and legislative action on the Copyright Royalty and Distribution Reform Act of 2004.
- H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004
- H.R. 1417, 108th Congress, first session, was introduced on March 25, 2003 and passed by the House on March 3, 2004. If enacted, this bill would make extensive changed to the procedural framework for adjudicating royalty rates for compulsory licenses under the Copyright Act. This report details the background and legislative action on the Copyright Royalty and Distribution Reform Act of 2004.
- Protecting Noncreative Databases: Bills Before the 108th Congress
- No Description Available.
- Intellectual Property, Computer Software and the Open Source Movement
- No Description Available.
- H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004
- H.R. 1417, 108th Congress, first session, was introduced on March 25, 2003 and passed by the House on March 3, 2004. If enacted, this bill would make extensive changed to the procedural framework for adjudicating royalty rates for compulsory licenses under the Copyright Act. This report details the background and legislative action on the Copyright Royalty and Distribution Reform Act of 2004.