H.R.2674 - Intellectual Property Antitrust Protection Act of 1995104th Congress (1995-1996)
|Sponsor:||Rep. Hyde, Henry J. [R-IL-6] (Introduced 11/20/1995)|
|Committees:||House - Judiciary|
|Latest Action:||House - 05/14/1996 Committee Hearings Held. (All Actions)|
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Text: H.R.2674 — 104th Congress (1995-1996)All Information (Except Text)
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Introduced in House (11/20/1995)
[Congressional Bills 104th Congress] [From the U.S. Government Printing Office] [H.R. 2674 Introduced in House (IH)] 1st Session H. R. 2674 To modify the application of the antitrust laws to encourage the licensing and other use of certain intellectual property. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES November 20, 1995 Mr. Hyde (for himself, Mr. Moorhead, Mr. Sensenbrenner, Mr. Gekas, Mr. Coble, Mr. Smith of Texas, Mr. Canady of Florida, Mr. Bono, Mr. Bryant of Tennessee, and Ms. Lofgren) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To modify the application of the antitrust laws to encourage the licensing and other use of certain intellectual property. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Intellectual Property Antitrust Protection Act of 1995''. SEC. 2. PROHIBITION OF MARKET POWER PRESUMPTION. In any action in which the conduct of an owner, licensor, licensee, or other holder of an intellectual property right is alleged to be in violation of the antitrust laws in connection with the marketing or distribution of a product or service protected by such a right, such right shall not be presumed to define a market, to establish market power (including economic power and product uniqueness or distinctiveness), or to establish monopoly power. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``antitrust laws''-- (A) has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A); and (2) the term ``intellectual property right'' means a right, title, or interest-- (A) in subject matter patented under title 35, United States Code; or (B) in a work, including a mask work, protected under title 17, United States Code. <all>