Congressional Research Service Reports - 130 Matching Results
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- 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.
- The China-U.S. Trade Agreement on Intellectual Property Rights: Implications for China-U.S. Trade Relations
- The United States has pressed China over the past several years to improve its enforcement of U.S. intellectual property rights (IPR) in China and to provide greater market access to intellectual property-related products, such as computer software, CDs, and audio-visual products. Trade tensions over these issues nearly led the United States to impose trade sanctions against China in 1992 and 1995. In March 1995, the United States and China signed a new and detailed IPR trade agreement, which pledges China to substantially reform its IPR enforcement regime and improve market access. This report examines the U.S.-Chinese IPR dispute and analyzes the implications of the new IPR agreement on future U.S.-Chinese trade relations
- The China-U.S. Intellectual Property Rights Dispute: Background and Implications for China-U.S. Economic Relations
- The United States has pressed China over the past several years to improve its protection of U.S. intellectual property rights (IPR) and to afford greater market access to intellectual property-related products, such as computer software, compact disks (CDs), and audio-visual products. U.S. threats of trade sanctions against Chinese products helped produce trade agreements in January 1992 and February 1995 that pledged China to improve its IPR enforcement regime and expand market access for IPR-related products. However, despite these agreements, U.S. and IPR industry officials have charged that IPR piracy in China remains rampant and is costing U.S. firms $2.3 billion in lost trade annually. On May 15, 1996, the U.S. Trade Representative (USTR) threatened to impose approximately $2 billion in trade sanctions against China for failing to abide by the February 1995 IPR agreement. This report outlines the history of the U.S.-Chinese IPR dispute and examines its ramifications for future U.S.-Chinese economic relations.
- 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."
- 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.
- 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.
- 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 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.
- 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.
- 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.
- 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.
- Safe Harbor for Service Providers Under the Digital Millennium Copyright Act
- No Description Available.
- Intellectual Property, Computer Software and the Open Source Movement
- No Description Available.
- H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004
- H.R. 1417, 108th Congress, first session, was introduced on March 25, 2003 and passed by the House on March 3, 2004. If enacted, this bill would make extensive changed to the procedural framework for adjudicating royalty rates for compulsory licenses under the Copyright Act. This report details the background and legislative action on the Copyright Royalty and Distribution Reform Act of 2004.
- H.R. 1417: The Copyright Royalty and Distribution Reform Act of 2004
- H.R. 1417, 108th Congress, first session, was introduced on March 25, 2003 and passed by the House on March 3, 2004. If enacted, this bill would make extensive changed to the procedural framework for adjudicating royalty rates for compulsory licenses under the Copyright Act. This report details the background and legislative action on the Copyright Royalty and Distribution Reform Act of 2004.
- Protecting Noncreative Databases: Bills Before the 108th Congress
- No Description Available.
- Protecting Noncreative Databases: H.R. 3261, 108th Congress, First Session (2003)
- No Description Available.
- Patent Ownership and Federal Research and Development (R and D): A Discussion on the Bayh-Dole Act and the Stevenson-Wydler Act
- Two major laws govern the dispensation of patents associated with federal research and development (R&D) activities. Both P.L. 96-418, the Stevenson-Wydler Technology Innovation Act, as amended, and P.L. 96-517, Amendments to the Patent and Trademark Act (commonly referred to as "Bayh-Dole" after its two main sponsors, former Senators Birch Bayh and Robert Dole), are the foundation for efforts to utilize patent ownership to encourage the commercialization of technologies and techniques that have their roots in the federal R&D enterprise
- 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.
- Scientific Research and the Experimental Use Privilege in Patent Law
- No Description Available.
- 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.
- Influenza Antiviral Drugs and Patent Law Issues
- 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.
- 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.
- Intellectual Property and the Free Trade Agreements: Innovation Policy Issues
- 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.
- The Google Book Search Project: Is Online Indexing a Fair Use Under Copyright Law?
- 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.
- 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.
- Patenting Life
- No Description Available.
- 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.
- 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.
- Geographical Indications and WTO Negotiations
- 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).
- Patent Reform: Issues in the Biomedical and Software Industries
- No Description Available.
- "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.
- Open Access Publishing and Citatation Archives: Background and Controversy
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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 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.
- 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.
- 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.
- 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.
- Intellectual Property Rights and International Trade
- 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.
- 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.
- Follow-On Biologics: Intellectual Property and Innovation Issues
- 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.
- Intellectual Property Rights and International Trade
- 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.