Congressional Research Service Reports - 130 Matching Results
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- Follow-On Biologics: The Law and Intellectual Property Issues
- This report presents the Law and Intellectual Property issues of Follow-On Biologics.
- Follow-On Biologics: The Law and Intellectual Property Issues
- This report reviews the BPCIA within the context of intellectual property and innovation issues.
- Drug Patent Expirations: Potential Effects on Pharmaceutical Innovation
- No Description Available.
- "Digital Era Copyright Enhancement Act": Analysis of H.R. 3048
- No Description Available.
- The Federal Circuit Rules on Trademarks Considered Offensive: May Affect Redskins Trademark Dispute
- This legal sidebar examines cases involving the revocation of the Washington Redskins' federally-registered trademarks (Pro-Football, Inc. v. Blackhorse) and the refusal to grant registration for a rock band's name (In re Tam). These cases raise questions about the constitutionality of Section 2(a) of the Trademark Act of 1946 (conventionally known as the Lanham Act), which denies trademark registration to certain offensive content.
- Repair, Modification, or Resale of Software-Enabled Consumer Electronic Devices: Copyright Law Issues
- This report provides a discussion and analysis of copyright law issues that may be implicated by the repair, modification, or resale of software-enabled consumer electronic devices. These issues include software licensing, fair use, the first sale doctrine, and the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA).
- Follow-On Biologics: Intellectual Property and Innovation Issues
- This report presents Intellectual Property and Innovation issues related to Follow-On Biologics.
- Intellectual Property Protection for Noncreative Databases
- Copyright law protects works of authorship that exhibit original, creative expression, including creativity in the selection, arrangement, or coordination both of traditional printed and electronic databases. Noncreative databases are not subject to copyright protection, although some protection is available through a combination of contract law, trade secrecy law, and misappropriation doctrines of state law.
- Intellectual Property in Industrial Designs: Issues in Innovation and Competition
- 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.
- 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
- The Copyright Registration Requirement and Federal Court Jurisdiction: A Legal Analysis of Reed Elsevier, Inc. v. Muchnick
- In New York Times Co. v. Tasini, six freelance authors who had contributed articles to several publications, including The New York Times, Newsday, and Time, sued when the publishers licensed rights to copy and sell the articles to electronic databases such as Lexis/Nexis. Shortly after the Court decided Tasini, three preexisting class action infringement suits, which had been suspended pending the decision, were activated and consolidated in the U.S. District Court for the Southern District of New York. A fourth, nearly identical action was coordinated with that consolidated action. Together, these claims comprise the litigation discussed in this report.
- Plants, Patents, and Seed Innovation in the Agricultural Industry
- 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.
- 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.
- 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.
- Use of Trademarks as Keywords to Trigger Internet Search Engine Advertisements
- This report provides a summary and analysis of judicial opinions that have developed the current state of trademark law governing keyword-triggered advertising. It discusses background of the issue, keyword advertising, and litigation related to keyword advertising.
- 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.
- 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.
- 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.
- 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
- 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
- “Fair Use” on the Internet: Copyright’s Reproduction and Public Display Rights
- No Description Available.
- Still Fair Use for Google Books: Second Circuit Ruling in Authors Guild v. Google
- This legal sidebar discusses the decision in Authors Guild v. Google case, in which the U.S. Court of Appeals for the Second Circuit affirmed the lower court's ruling and held that Google's copying and distribution of books as part of its Google Books Project qualifies as fair use under the Copyright Act, and thus Google is not liable for infringement of the authors' copyright in these books.
- A Legal Analysis of S. 968, the PROTECT IP Act
- This report discusses the legality of S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act). It is related to the Combating Online Infringement and Counterfeits Act (COICA), which was approved by the Senate Judiciary Committee, but not enacted by the full Senate before the end of the 111th Congress.
- 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.
- Intellectual Property Rights and International Trade
- This report provides background on intellectual property rights (IPR) and discusses the roles of U.S. international trade policy in enhancing IPR protection and enforcement abroad.
- Patent Reform: Overview and Comparison of S. 507 and H.R. 400
- The pending omnibus patent reform bills (S. 507 and H.R. 400) would reorganize the Patent and Trademark Office (PTO) as a government corporation and enact several other patent law reforms including early publication (with exceptions) and patent term restoration. S. 507 consists of six titles; H.R. 400 contains five titles.
- 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.
- 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.
- 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.
- 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.
- Patents and Drug Importation
- This report explores the intellectual property laws and policies concerning the parallel importation of patented pharmaceuticals into the United States.
- American Inventors Protection Act of 1999
- 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.
- Illegal Internet Streaming of Copyrighted Content: Legislation in the 112th Congress
- 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.
- Patent Reform: Overview and Comparison of S. 507 and H.R. 400
- H.R. 400 and S. 507 are similar but different omnibus patent reform proposals. Both bills generally transform the Patent and Trademark Office into a government corporation; require publication of patent applications 18 months after filing, subject to certain exceptions that differ in these bills; and extend the patent term for certain delays in patent issuance. S. 507 also contains provisions on patent reexamination reform. This report summarizes and compares the bills and reviews arguments for and against the proposals.
- What's on Television? The Intersection of Communications and Copyright Policies
- 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.
- Patentable Subject Matter Reform
- This report reviews the current law governing patentable subject matter and recent proposals for legislative reform. It begins by providing a basic overview of the patent system and introducing the principles of patentable subject matter. It then considers the leading Supreme Court decisions construing section 101 of the Patent Act. The report then considers the implications of these decisions within the information technology and life sciences industries. The report closes with a review of legislative reform options.
- 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.
- 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.
- 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.
- Intellectual Property Rights and International Trade
- This report provides background on intellectual property rights (IPR) and discusses the role of U.S. international trade policy in enhancing IPR protection and enforcement abroad.
- Patent Reform: Judicial Developments in Areas of Legislative Interest
- 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.
- Patents and Drug Importation
- This report explores the intellectual property laws and policies concerning the parallel importation of patented pharmaceuticals into the United States.
- Patents and Drug Importation
- This report explores the intellectual property laws and policies concerning the parallel importation of patented pharmaceuticals into the United States.
- 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.
- 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.
- 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.
- R&D Partnerships and Intellectual Property: Implications for U.S. Policy
- Congressional interest in the value of intellectual property has grown as technology becomes increasingly important to the United States. It is now widely accepted that technological progress accounts for up to one-half of the nation's economic growth. Concurrently, the role of patents has changed as the use of cooperative research and development (R&D) expands to facilitate this technological advancement and generate new products, processes, and services for the marketplace.
- Intellectual Property Provisions of the GATT 1994: "The TRIPS Agreement"
- This report analyzes the intellectual property (IP) provisions of the General Agreement on Tariffs and Trade (GATT) 1994 -- the Agreement on Trade-Related Aspects of Intellectual Property Rights, known as the "TRIPS Agreement."
- 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.
- Fair Use on the Internet
- The originating objective of copyright, as stated in the Constitution, was to promote the progress of science and the useful arts. Rewarding the labor of authors is viewed as furthering that objective. The Copyright Act serves this two-tier purpose by vesting in authors of protected works certain exclusive rights. This report reviews the development of fair use on the Internet.