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 Decade: 2000-2009
 Collection: Congressional Research Service Reports
American Inventors Protection Act of 1999

American Inventors Protection Act of 1999

Date: February 28, 2000
Creator: Seitzinger, Michael V.
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

Date: February 3, 2009
Creator: Schacht, Wendy H.
Description: This report discusses the rationale behind the passage of P.L. 96-517 (Amendments to the Patent and Trademark Act, or the "Bayh-Dole Act") as well as its provisions and information regarding the implementation of the law. 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.
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.
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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 Copyright Doctrine of Fair Use and the Internet: Caselaw

The Copyright Doctrine of Fair Use and the Internet: Caselaw

Date: March 30, 2000
Creator: Weimer, Douglas R.
Description: 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.
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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
Copyright Law: Digital Rights Management Legislation

Copyright Law: Digital Rights Management Legislation

Date: May 28, 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: December 18, 2003
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 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 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
Copyright Law: Statutory Royalty Rates for Webcasters

Copyright Law: Statutory Royalty Rates for Webcasters

Date: November 18, 2003
Creator: Jeweler, Robin
Description: 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.
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Copyright Protection for Fashion Design: A Legal Analysis of the Design Piracy Prohibition Act (H.R. 2196)

Copyright Protection for Fashion Design: A Legal Analysis of the Design Piracy Prohibition Act (H.R. 2196)

Date: June 1, 2009
Creator: Yeh, Brian T.
Description: 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.
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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.
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Copyright Term Extension: Eldred v. Ashcroft

Copyright Term Extension: Eldred v. Ashcroft

Date: February 14, 2003
Creator: Jeweler, Robin
Description: 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.
Contributing Partner: UNT Libraries Government Documents Department
"Digital Rights" and Fair Use in Copyright Law

"Digital Rights" and Fair Use in Copyright Law

Date: March 24, 2003
Creator: Jeweler, Robin
Description: 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.
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An Examination of the Issues Surrounding Biotechnology Patenting and Its Effect Upon Entrepreneurial Companies

An Examination of the Issues Surrounding Biotechnology Patenting and Its Effect Upon Entrepreneurial Companies

Date: August 31, 2000
Creator: Thomas, John R
Description: 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.
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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.
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Fair Use on the Internet

Fair Use on the Internet

Date: May 21, 2002
Creator: Jennings, Christopher Alan
Description: None
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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
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.
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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
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