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 Collection: Congressional Research Service Reports
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
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
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
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
Exporting Software and the Extraterritorial Reach of U.S. Patent Law: Microsoft Corp. v. AT&T Corp.

Exporting Software and the Extraterritorial Reach of U.S. Patent Law: Microsoft Corp. v. AT&T Corp.

Date: May 31, 2007
Creator: Yeh, Brian T.
Description: 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.
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
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
Open Access Publishing and Citation Archives: Background and Controversy

Open Access Publishing and Citation Archives: Background and Controversy

Date: December 12, 2006
Creator: Knezo, Genevieve J.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Open Access Publishing and Citation Archives: Background and Controversy

Open Access Publishing and Citation Archives: Background and Controversy

Date: October 10, 2006
Creator: Knezo, Genevieve J.
Description: 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.
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
Open Access Publishing and Citatation Archives: Background and Controversy

Open Access Publishing and Citatation Archives: Background and Controversy

Date: June 22, 2006
Creator: Knezo, Genevieve J
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Patent Reform: Issues in the Biomedical and Software Industries

Patent Reform: Issues in the Biomedical and Software Industries

Date: April 7, 2006
Creator: Schacht, Wendy H
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security

Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security

Date: January 17, 2006
Creator: Schacht, Wendy H & Thomas, John R
Description: 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.
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
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
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
Open Access Publishing and Citation Archives: Background and Controversy

Open Access Publishing and Citation Archives: Background and Controversy

Date: September 12, 2005
Creator: Knezo, Genevieve J.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Open Access Publishing and Citation Archives: Background and Controversy

Open Access Publishing and Citation Archives: Background and Controversy

Date: July 26, 2005
Creator: Knezo, Genevieve J.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Copyright Protection of Digital Television:  The "Broadcast Flag"

Copyright Protection of Digital Television: The "Broadcast Flag"

Date: May 11, 2005
Creator: Welborn, Angie A
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security

Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security

Date: May 6, 2005
Creator: Schacht, Wendy H & Thomas, John R
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Copyright Law: Digital Rights Management Legislation in the 107th and 108th Congresses

Copyright Law: Digital Rights Management Legislation in the 107th and 108th Congresses

Date: January 5, 2005
Creator: Jeweler, Robin
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Scientific Research and the Experimental Use Privilege in Patent Law

Scientific Research and the Experimental Use Privilege in Patent Law

Date: October 28, 2004
Creator: Thomas, John R
Description: None
Contributing Partner: UNT Libraries Government Documents Department
Copyright Law: Digital Rights Management Legislation

Copyright Law: Digital Rights Management Legislation

Date: October 1, 2004
Creator: Jeweler, Robin
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
Copyright Law: Digital Rights Management Legislation

Copyright Law: Digital Rights Management Legislation

Date: August 2, 2004
Creator: Jeweler, Robin
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department