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 Collection: Congressional Research Service Reports
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: October 31, 2008
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
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
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
The GATT and the WTO: An Overview

The GATT and the WTO: An Overview

Date: March 27, 1995
Creator: Wilson, Arlene
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Gene Patents: A Brief Overview of Intellectual Property Issues

Gene Patents: A Brief Overview of Intellectual Property Issues

Date: October 3, 2006
Creator: Schacht, Wendy H.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Genetically Engineered Soybeans: Acceptance and Intellectual Property Rights Issues in South America

Genetically Engineered Soybeans: Acceptance and Intellectual Property Rights Issues in South America

Date: October 17, 2003
Creator: Schnepf, Randy
Description: 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.
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
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
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
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: July 6, 2009
Creator: Manuel, Kate M.
Description: The Google Book Search Library Project, announced in December 2004, raised important questions about infringing reproduction and fair use under copyright law. Google planned to digitize, index, and display "snippets" of print books in the collections of five major libraries without the permission of the books' copyright holders, if any. Google's proposed reproduction and display of copyrighted books was not authorized by the rights holders, who alleged that the Google Library Project infringed their copyrights. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the proposed settlement.
Contributing Partner: UNT Libraries Government Documents Department
H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004

H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004

Date: March 8, 2004
Creator: Jeweler, Robin
Description: None
Contributing Partner: UNT Libraries Government Documents Department
H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004

H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004

Date: April 22, 2004
Creator: Jeweler, Robin
Description: None
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
Influenza Antiviral Drugs and Patent Law Issues

Influenza Antiviral Drugs and Patent Law Issues

Date: November 18, 2005
Creator: Yeh, Brian T.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Influenza Antiviral Drugs and Patent Law Issues

Influenza Antiviral Drugs and Patent Law Issues

Date: August 16, 2007
Creator: Yeh, Brian T.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Innovation and Intellectual Property Issues in Homeland Security

Innovation and Intellectual Property Issues in Homeland Security

Date: January 17, 2007
Creator: Thomas, John R.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Innovation and Intellectual Property Issues in Homeland Security

Innovation and Intellectual Property Issues in Homeland Security

Date: January 17, 2008
Creator: Thomas, John R.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Intellectual Property and the Free Trade Agreements: Innovation Policy Issues

Intellectual Property and the Free Trade Agreements: Innovation Policy Issues

Date: December 21, 2005
Creator: Thomas, John R
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Intellectual Property, Computer Software and the Open Source Movement

Intellectual Property, Computer Software and the Open Source Movement

Date: March 11, 2004
Creator: Thomas, John R
Description: None
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
Intellectual Property in Industrial Designs: Issues in Innovation and Competition

Intellectual Property in Industrial Designs: Issues in Innovation and Competition

Date: January 5, 2011
Creator: Thomas, John R.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Intellectual Property Protection for Noncreative Databases

Intellectual Property Protection for Noncreative Databases

Date: September 15, 1999
Creator: Schrader, Dorothy & Jeweler, Robin
Description: None
Contributing Partner: UNT Libraries Government Documents Department