All Information (Except Text) for S.1191 - Intellectual Property Protection Restoration Act of 2003108th Congress (2003-2004)
|Sponsor:||Sen. Leahy, Patrick J. [D-VT] (Introduced 06/05/2003)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 06/05/2003 Read twice and referred to the Committee on the Judiciary. (All Actions)|
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Titles Actions Overview All Actions Cosponsors Committees Related Bills Subjects Latest Summary All Summaries
Short Titles - Senate
Short Titles as Introduced
Intellectual Property Protection Restoration Act of 2003
Actions Overview (1)
|06/05/2003||Introduced in Senate|
06/05/2003 Introduced in Senate
All Actions (2)
|06/05/2003||Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S7480-7482)|
Action By: Senate
|06/05/2003||Sponsor introductory remarks on measure. (CR S7479-7480)|
Action By: Senate
06/05/2003 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S7480-7482)
06/05/2003 Sponsor introductory remarks on measure. (CR S7479-7480)
|Committee / Subcommittee||Date||Activity||Reports|
|Senate Judiciary||06/05/2003||Referred to|
Subject — Policy Area:
One Policy Area term, which best describes an entire measure, is assigned to every public bill or resolution.
- Civil actions and liability
- Compensation (Law)
- Constitutional law
- Due process of law
- Evidence (Law)
- Expert witnesses
- Government liability
- Intellectual property
- Legal fees
- Liability (Law)
- Patent infringement
- Plant protection
- State constitutions
- State employees
- State laws
- State officials
Latest Summary (1)
Introduced in Senate (06/05/2003)
Intellectual Property Protection Restoration Act of 2003 - Amends Federal patent law to prohibit the award of remedies in civil actions brought for infringement of a patent issued on or after January 1, 2004, if a State or State instrumentality is or was at any time the legal or beneficial owner of such patent, except upon proof that by the date the infringement commenced (or January 1, 2006, whichever is later) the State has waived its immunity from suit in Federal court for any infringement of intellectual property protected under Federal law.
Exempts patents from such limitation if it would materially and adversely affect a legitimate contract-based expectation in existence before January 1, 2004, or the party seeking remedies was a bona fide purchaser for value of the patent, and, at the time of the purchase, did not know and was reasonably without cause to believe that a State or State instrumentality was once the legal or beneficial owner of the patent.
Amends Federal copyright law and the Trademark Act of 1946 to apply the same condition of State waiver of immunity to suit under Federal law to the award of remedies in any civil action brought under such laws where a State or State instrumentality is or was at any time the legal or beneficial owner of the copyright or trademark involved.
Provides that in actions against an officer or employee of a State or its instrumentality for violations of provisions of Federal copyright or patent laws, the U.S. Code, the Trademark Act of 1946, or the Plant Variety Protection Act, remedies shall be available against such individual in the same manner and to the same extent as they available in an action against a private individual under like circumstances.
Imposes liability on States for violations of the fifth or fourteenth amendment of the U.S. Constitution (takings or due process violations) involving intellectual property under such Federal laws.