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 Country: United States
 Collection: Congressional Research Service Reports
Plants, Patents, and Seed Innovation in the Agricultural Industry

Plants, Patents, and Seed Innovation in the Agricultural Industry

Date: September 13, 2002
Creator: Thomas, John R.
Description: This report offers an overview of the availability of intellectual property rights for plants, focusing upon the seed industry. It initially offers an introduction to seed innovation. The report then reviews the three intellectual property regimes applicable to plant innovation: utility patents, plant patents and plant variety protection certificates. It then details a 2001 decision of the U.S. Supreme Court, J.E.M. Ag Supply, Inc. v. Pioneer Hi-Bred International, Inc., which held that sexually reproducing plants may be subject to utility patents.
Contributing Partner: UNT Libraries Government Documents Department
Follow-On Biologics: The Law and Intellectual Property Issues

Follow-On Biologics: The Law and Intellectual Property Issues

Date: January 15, 2014
Creator: Thomas, John R.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Intellectual Property Rights and International Trade

Intellectual Property Rights and International Trade

Date: July 23, 2008
Creator: Ilias, Shayerah & Fergusson, Ian F.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
An Overview of the "Patent Trolls" Debate

An Overview of the "Patent Trolls" Debate

Date: April 16, 2013
Creator: Yeh, Brian T.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Intellectual Property in Industrial Designs: Issues in Innovation and Competition

Intellectual Property in Industrial Designs: Issues in Innovation and Competition

Date: July 1, 2008
Creator: Thomas, John R.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Date: May 5, 2010
Creator: Manuel, Kate M.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Date: November 27, 2009
Creator: Manuel, Kate M.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
False Patent Marking: Litigation and Legislation

False Patent Marking: Litigation and Legislation

Date: September 20, 2010
Creator: Yeh, Brian T.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
False Patent Marking: Litigation and Legislation

False Patent Marking: Litigation and Legislation

Date: October 20, 2010
Creator: Yeh, Brian T.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Follow-On Biologics: Intellectual Property and Innovation Issues

Follow-On Biologics: Intellectual Property and Innovation Issues

Date: August 3, 2009
Creator: Schacht, Wendy H. & Thomas, John R.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Qui Tam: An Abbreviated Look at the False Claims Act and Related Federal Statutes

Qui Tam: An Abbreviated Look at the False Claims Act and Related Federal Statutes

Date: August 6, 2009
Creator: Doyle, Charles
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
An Overview of the "Patent Trolls" Debate

An Overview of the "Patent Trolls" Debate

Date: August 20, 2012
Creator: Yeh, Brian T.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
The Google Book Search Project: Is Online Indexing a Fair Use Under Copyright Law?

The Google Book Search Project: Is Online Indexing a Fair Use Under Copyright Law?

Date: December 28, 2005
Creator: Jeweler, Robin
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Patents and Drug Importation

Patents and Drug Importation

Date: June 1, 2007
Creator: Thomas, John R.
Description: This report explores the intellectual property laws and policies concerning the parallel importation of patented pharmaceuticals into the United States.
Contributing Partner: UNT Libraries Government Documents Department
Patents and Drug Importation

Patents and Drug Importation

Date: May 25, 2004
Creator: Thomas, John R.
Description: This report explores the intellectual property laws and policies concerning the parallel importation of patented pharmaceuticals into the United States.
Contributing Partner: UNT Libraries Government Documents Department
Patents and Drug Importation

Patents and Drug Importation

Date: January 17, 2007
Creator: Thomas, John R.
Description: This report explores the intellectual property laws and policies concerning the parallel importation of patented pharmaceuticals into the United States.
Contributing Partner: UNT Libraries Government Documents Department
Availability of Injunctive Relief for Standard-Essential Patent Holders

Availability of Injunctive Relief for Standard-Essential Patent Holders

Date: January 10, 2013
Creator: Yeh, Brian T.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
New York Times Co. v. Tasini: The U.S. Supreme Court Affirms “Authorial” Rights in Copyright

New York Times Co. v. Tasini: The U.S. Supreme Court Affirms “Authorial” Rights in Copyright

Date: July 13, 2001
Creator: Jeweler, Robin
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Patent Reform: Judicial Developments in Areas of Legislative Interest

Patent Reform: Judicial Developments in Areas of Legislative Interest

Date: January 5, 2011
Creator: Thomas, John R.
Description: This report reviews the relationship between Congress and the courts in patent reform. It begins by offering a summary of the patent system. The report then discusses a number of topics that have been the subject of both judicial and legislative consideration. The current state of the law is then contrasted with legislative reform proposals before previous Congresses. The report closes with observations concerning the subtle interaction between legislative, administrative, and judicial actors within the patent system and their impact upon the U.S. innovation environment.
Contributing Partner: UNT Libraries Government Documents Department
Illegal Internet Streaming of Copyrighted Content: Legislation in the 112th Congress

Illegal Internet Streaming of Copyrighted Content: Legislation in the 112th Congress

Date: December 1, 2011
Creator: Yeh, Brian T.
Description: This report describes streaming technology, explains the disparity in criminal penalties for different forms of infringement committed by electronic means, analyzes legislation in the 112th Congress that would harmonize penalties for illegal streaming with those available for other forms of online copyright infringement, and summarizes arguments for and against such a legislative change.
Contributing Partner: UNT Libraries Government Documents Department
American Inventors Protection Act of 1999

American Inventors Protection Act of 1999

Date: February 28, 2000
Creator: Seitzinger, Michael V.
Description: After several years of consideration, on Friday, November 19, 1999, Congress gave final approval to a bill which makes major changes to the patent laws. On this day the Senate passed the American Inventors Protection Act of 1999 as part of the Intellectual Property and Communications Omnibus Reform Act of 1999, attached by reference to the Consolidated Appropriations Act for Fiscal Year 2000. This report summarizes major provisions of the patent reform bill.
Contributing Partner: UNT Libraries Government Documents Department
What's on Television? The Intersection of Communications and Copyright Policies

What's on Television? The Intersection of Communications and Copyright Policies

Date: April 20, 2016
Creator: Scherer, Dana A.
Description: This report discusses how the Federal Communications Commission (FCC), Congress, and the courts have overseen the rise of the internet by applying a combination of communications and copyright laws to regulate the distribution of television programming.
Contributing Partner: UNT Libraries Government Documents Department
Copyright Term Extension: Estimating the Economic Values

Copyright Term Extension: Estimating the Economic Values

Date: May 11, 1998
Creator: Rappaport, Edward
Description: This report considers proposals to extend the duration of copyrights by 20 years (as in H.R. 2589 and other bills) and related proposals to charge a fee to the owners in order to receive the extension. The method of analysis is economic rather than legal. The report reviews the basic economic principals involved in copyright law and gives rough estimates of the value of copyrights on books, music, and movies produced in the 1920s and 1930s — those that would be most immediately affected by an extension of copyright terms.
Contributing Partner: UNT Libraries Government Documents Department
Geographical Indications and WTO Negotiations

Geographical Indications and WTO Negotiations

Date: July 14, 2003
Creator: Hanrahan, Charles E
Description: 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).
Contributing Partner: UNT Libraries Government Documents Department