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 Collection: Congressional Research Service Reports
Intellectual Property Protection for Noncreative Databases
No Description digital.library.unt.edu/ark:/67531/metacrs999/
R&D Partnerships and Intellectual Property: Implications for U.S. Policy
No Description digital.library.unt.edu/ark:/67531/metacrs1254/
Intellectual Property, Computer Software and the Open Source Movement
No Description digital.library.unt.edu/ark:/67531/metacrs5959/
Copyright Term Extension: Estimating the Economic Values
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. digital.library.unt.edu/ark:/67531/metacrs727/
Patent Reform: Overview and Comparison of S. 507 and H.R. 400
No Description digital.library.unt.edu/ark:/67531/metacrs726/
Fair Use on the Internet
No Description digital.library.unt.edu/ark:/67531/metacrs3181/
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. digital.library.unt.edu/ark:/67531/metadc228079/
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. digital.library.unt.edu/ark:/67531/metadc98009/
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/
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/
The Google Book Search Project: Is Online Indexing a Fair Use Under Copyright Law?
No Description digital.library.unt.edu/ark:/67531/metacrs8326/
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/
Patenting Life
No Description digital.library.unt.edu/ark:/67531/metacrs8519/
Protecting Noncreative Databases: Bills Before the 108th Congress
No Description digital.library.unt.edu/ark:/67531/metacrs5962/
H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004
No Description digital.library.unt.edu/ark:/67531/metacrs5961/
H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004
No Description digital.library.unt.edu/ark:/67531/metacrs5960/
Protecting Noncreative Databases: H.R. 3261, 108th Congress, First Session (2003)
No Description digital.library.unt.edu/ark:/67531/metacrs5963/
Intellectual Property Provisions of the GATT 1994: "The TRIPS Agreement"
No Description digital.library.unt.edu/ark:/67531/metacrs131/
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/
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/
Geographical Indications and WTO Negotiations
No Description digital.library.unt.edu/ark:/67531/metacrs9083/
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/
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/
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/
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/
Intellectual Property and the Free Trade Agreements: Innovation Policy Issues
No Description digital.library.unt.edu/ark:/67531/metacrs8252/
Open Access Publishing and Citatation Archives: Background and Controversy
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"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/
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/
Genetically Engineered Soybeans: Acceptance and Intellectual Property Rights Issues in South America
No Description digital.library.unt.edu/ark:/67531/metacrs9082/
An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law
This report provides a brief summary of the Supreme Court's patent law jurisprudence in the following nine cases that have been decided since 2005: Merck KGaA v. Integra Lifesciences I, Unitherm Food Systems v. Swift-Eckrich, Illinois Tool Works v. Independent Ink, eBay v. MercExchange, Laboratory Corporation of America Holdings v. Metabolite Labs., MedImmune v. Genentech, KSR International Co. v. Teleflex Inc., Microsoft v. AT&T, Quanta Computer, Inc. v. LG Electronics, Inc., and Bilski v. Kappos. digital.library.unt.edu/ark:/67531/metadc31425/
Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security
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. digital.library.unt.edu/ark:/67531/metacrs8474/
Copyright Law: Digital Rights Management Legislation
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. digital.library.unt.edu/ark:/67531/metacrs5957/
Copyright Law: Digital Rights Management Legislation
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. digital.library.unt.edu/ark:/67531/metacrs5956/
Biotechnology, Indigenous Peoples, and Intellectual Property Rights
This report examines intellectual property right in pharmaceuticals in a particular context, namely, medicinal products and processes derived from the biodiversity resources of areas inhabited by indigenous peoples. This report discusses the international law regarding intellectual property rights in traditional knowledge and the American laws regarding traditional knowledge. digital.library.unt.edu/ark:/67531/metacrs8176/
Scientific Research and the Experimental Use Privilege in Patent Law
No Description digital.library.unt.edu/ark:/67531/metacrs6034/
Bioterrorism Countermeasure Development: Issues in Patents and Homeland Security
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. digital.library.unt.edu/ark:/67531/metacrs6196/
Patent Reform: Issues in the Biomedical and Software Industries
No Description digital.library.unt.edu/ark:/67531/metacrs9214/
Influenza Antiviral Drugs and Patent Law Issues
No Description digital.library.unt.edu/ark:/67531/metacrs7939/
Copyright Protection of Digital Television: The "Broadcast Flag"
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. digital.library.unt.edu/ark:/67531/metacrs7772/
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?
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. digital.library.unt.edu/ark:/67531/metadc26134/
The GATT and the WTO: An Overview
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. digital.library.unt.edu/ark:/67531/metadc26090/
The China-U.S. Intellectual Property Rights Dispute: Background and Implications for China-U.S. Economic Relations
No Description digital.library.unt.edu/ark:/67531/metacrs334/
The China-U.S. Trade Agreement on Intellectual Property Rights: Implications for China-U.S. Trade Relations
No Description digital.library.unt.edu/ark:/67531/metacrs206/