Congressional Research Service Reports - 130 Matching Results
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- “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.
- 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.
- 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.
- Patenting Life
- No Description Available.
- Intellectual Property Law: A Brief Introduction
- This report provides a brief overview of each form of federal intellectual property (IP) protection, including patent law, copyright law, and trademarks.
- Follow-On Biologics: Intellectual Property and Innovation Issues
- This report provides information about the Intellectual Property and Innovation Issues on Follow-On Biologics. Biologics which are sometimes referred as biotechnology have begun to play an increasingly important role in the U.S health care.
- Follow-On Biologics: Intellectual Property and Innovation Issues
- This report provides information about the Intellectual Property and Innovation Issues on Follow-On Biologics. Biologics which are sometimes referred as biotechnology have begun to play an increasingly important role in the U.S health care.
- 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.
- Intellectual Property in Industrial Designs: Issues in Innovation and Competition
- 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.
- Availability of Injunctive Relief for Standard-Essential Patent Holders
- This report provides an overview of the current debate over whether a holder of a patent essential to an industry standard, who has promised to license such patented technology on fair, reasonable, and non-discriminatory (FRAND) terms, may nevertheless obtain an injunction from a federal court or an exclusion order from the International Trade Commission against infringing products that implement the industry standard. The report first summarizes several fundamental principles of patent law, then discusses the relationship between standard-setting organizations and FRAND licensing.
- CRS Issue Statement on Intellectual Property Rights
- This report contains intellectual property rights and different law such as: Patent Law, copyright law, and International IPR Protection.
- Expanding the Scope of the Public Performance Right for Sound Recordings: A Legal Analysis of the Performance Rights Act of 2007 (H.R. 4789 and S. 2500)
- No Description Available.
- Follow-On Biologics: Intellectual Property and Innovation Issues
- This report provides information about the Intellectual Property and Innovation Issues on Follow-On Biologics. Biologics which are sometimes referred as biotechnology have begun to play an increasingly important role in the U.S health care.
- 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.
- 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.
- 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.
- Enforcing U.S. Trade Laws: Section 301 and China
- This report discusses the Trump Administration's decision to proceed with a Section 301 case against China's intellectual property rights (IPR) policies and their intent to impose 25% ad valorem tariffs on $50 billion worth of Chinese products. It also looks at past use of Section 301 against China.
- Innovation and Intellectual Property Issues in Homeland Security
- 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.
- Pharmaceutical Patent-Antitrust: Reverse Payment Settlements and Product Hopping
- This report introduces and analyzes innovation and competition policy issues associated with the pharmaceutical industry. It begins with a review of the Hatch-Waxman Act and its implications upon the availability of generic substitutes for brand-name medications. The report then turns to a basic review of the antitrust law. It then addresses judicial developments with respect to reverse payment settlements and product hopping. The report closes with a summary of congressional issues and possible alternatives.
- Exporting Software and the Extraterritorial Reach of U.S. Patent Law: Microsoft Corp. v. AT&T Corp.
- 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.
- Patent Law: A Primer and Overview of Emerging Issues
- This report begins with an overview of patent law. It then discusses the Supreme Court's role in the development of patent law generally before examining the Court's recent decisions in detail. Finally, the report closes with a preview of developments in patent law that are on the horizon, such as the continued viability of certain administrative proceedings related to the validity of patents, which is the subject of two cases scheduled to be heard during the Court's upcoming term, as well as patent reform activity in the legislative and executive arenas.