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 Collection: Congressional Research Service Reports
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. digital.library.unt.edu/ark:/67531/metadc824588/
Copyright Law: Statutory Royalty Rates for Webcasters
This report surveys the procedures for and the results of the Copyright Arbitration Royalty Panel’s (CARP’s) February 20, 2002 Report making recommendations for statutory royalty rates for eligible nonsubscription webcasters. digital.library.unt.edu/ark:/67531/metadc822346/
The Copyright Doctrine of Fair Use and the Internet: Caselaw
This report examines the evolving copyright doctrine of fair use within the context of copyrighted works published or placed on the Internet. American courts have been examining the various property rights of copyright owners concurrently with the unauthorized use of these copyrighted materials by Web site operators, Internet consumers, access providers, and other interested parties. This report analyzes the early fair use copyright cases concerning Internet use, as well as the most recent judicial interpretations. digital.library.unt.edu/ark:/67531/metadc820864/
Copyright Term Extension: Eldred v. Ashcroft
This report examines the U.S. Supreme Court’s decision in Eldred v. Ashcroft. Plaintiffs/Petitioners challenged the constitutionality under the Copyright Clause of a law adding 20 years to the terms of existing and future copyrights. The law was upheld by both the U.S. district court and the court of appeals considering it. Among the questions before the Supreme Court was whether Congress may retrospectively extend the term of copyright for existing copyrights; and, what role and impact, if any, does the First Amendment have in determining the validity of a congressional extension of copyright terms. digital.library.unt.edu/ark:/67531/metadc820842/
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 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. digital.library.unt.edu/ark:/67531/metadc462355/
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/
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/
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?
In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other rights holders disagreed. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the status of the litigation over the Library Project. digital.library.unt.edu/ark:/67531/metadc501701/
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?
In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other rights holders disagreed. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the status of the litigation over the Library Project. digital.library.unt.edu/ark:/67531/metadc501783/
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/
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/
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. digital.library.unt.edu/ark:/67531/metadc689142/
Intellectual Property Provisions of the GATT 1994: "The TRIPS Agreement"
No Description digital.library.unt.edu/ark:/67531/metacrs131/
H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004
No Description digital.library.unt.edu/ark:/67531/metacrs5960/
H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004
No Description digital.library.unt.edu/ark:/67531/metacrs5961/
Protecting Noncreative Databases: Bills Before the 108th Congress
No Description digital.library.unt.edu/ark:/67531/metacrs5962/
Protecting Noncreative Databases: H.R. 3261, 108th Congress, First Session (2003)
No Description digital.library.unt.edu/ark:/67531/metacrs5963/
Qui Tam: An Abbreviated Look at the False Claims Act and Related Federal Statutes
This is a brief discussion of the constitutional questions raised by qui tam provisions; of the history of such provisions; and of the three existing, active federal qui tam statutes--the False Claims Act, 31 U.S.C. 3729-3733; the false marking patent statute, 35 U.S.C. 292; and the Indian protection provisions of 25 U.S.C. 201. digital.library.unt.edu/ark:/67531/metadc689441/
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/
Patenting Life
No Description digital.library.unt.edu/ark:/67531/metacrs8519/
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. digital.library.unt.edu/ark:/67531/metacrs8326/
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/
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/
New York Times Co. v. Tasini: The U.S. Supreme Court Affirms “Authorial” Rights in Copyright
This report examines the U.S. Supreme Court’s opinion in New York Times Co. v. Tasini. This case considers whether, under the U.S. Copyright Act, 17 U.S.C. § 201(c), publishers are “privileged” to include the copyrighted articles of freelance authors in an electronic database. digital.library.unt.edu/ark:/67531/metadc822612/
Geographical Indications and WTO Negotiations
This report discusses the issue of expanding intellectual property protections for geographical indications for wines, spirits, and agricultural products is being debated in the World Trade Organization (WTO). digital.library.unt.edu/ark:/67531/metacrs9083/
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. digital.library.unt.edu/ark:/67531/metadc461988/
The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology
Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96-517, Amendments to the Patent and Trademark Act, commonly referred to as the "Bayh-Dole Act" after its two main sponsors former Senators Robert Dole and Birch Bayh. 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. This report discusses the rationale behind the passage of P.L. 96-517, its provisions, and implementation of the law. digital.library.unt.edu/ark:/67531/metadc31403/
The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology
Report that discusses the rationale behind the passage of P.L. 96-517, its provisions, and implementation of the law. digital.library.unt.edu/ark:/67531/metadc227985/
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/
"Digital Rights" and Fair Use in Copyright Law
This report examines judicial case law which has considered the doctrine of fair use in relation to the First Amendment, the Digital Millennium Copyright Act, and as a means of protecting private, noncommercial use of digital music and film by consumers. It concludes that when the potential to infringe is great, as it almost always will be in a digital environment, the courts have not been willing to expand fair use to encompass subsidiary uses such as time shifting, space shifting, or personal noncommercial use. digital.library.unt.edu/ark:/67531/metacrs9291/
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/
Safe Harbor for Service Providers Under the Digital Millennium Copyright Act
No Description digital.library.unt.edu/ark:/67531/metacrs5958/
Patent Ownership and Federal Research and Development (R and D): A Discussion on the Bayh-Dole Act and the Stevenson-Wydler Act
No Description digital.library.unt.edu/ark:/67531/metacrs1294/
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. digital.library.unt.edu/ark:/67531/metadc700821/
Open Access Publishing and Citatation Archives: Background and Controversy
No Description digital.library.unt.edu/ark:/67531/metacrs9400/
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/
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. digital.library.unt.edu/ark:/67531/metadc700643/
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. digital.library.unt.edu/ark:/67531/metadc743427/
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/
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/
Pharmaceutical Patent-Antitrust: Reverse Payment Settlements and Product Hopping
This report introduces and analyzes innovation and competition policy issues associated with the pharmaceutical industry. It begins with a review of the Hatch-Waxman Act and its implications upon the availability of generic substitutes for brand-name medications. The report then turns to a basic review of the antitrust law. It then addresses judicial developments with respect to reverse payment settlements and product hopping. The report closes with a summary of congressional issues and possible alternatives. digital.library.unt.edu/ark:/67531/metadc820966/
Genetically Engineered Soybeans: Acceptance and Intellectual Property Rights Issues in South America
This report discusses issues regarding genetically engineered soybeans in South America. U.S. soybean growers and trade officials charge that Argentina and Brazil–the United States’ two major export competitors in international soybean markets–gain an unfair trade advantage by routinely saving genetically-engineered (GE), Roundup Ready (RR) soybean seeds from the previous harvest (a practice prohibited in the United States) for planting in subsequent years. digital.library.unt.edu/ark:/67531/metacrs9082/
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. digital.library.unt.edu/ark:/67531/metadc462669/
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/
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/
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/