Summary: H.R.4043 — 98th Congress (1983-1984)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House amended, Part I (11/18/1983)

(Reported to House from the Committee on Science and Technology with amendment, H. Rept. 98-571 (Part I))

Research and Development Joint Venture Act of 1983 - Provides that no person shall be liable under the antitrust laws for entering into or performing a contract for joint research and development projects if such person gives notice to the Attorney General in accordance with this Act. Requires such a contract to provide that: (1) the parties shall carry out such projects jointly; (2) parties shall report to each other discoveries within a reasonable time; (3) all participating parties shall be entitled to use the results on an equitable basis; and (4) all participating parties shall be entitled, under the patent and copyright laws, to irrevocable, nonexclusive, equivalent licenses to exercise all rights acquired with respect to discoveries. Prohibits a contract from imposing on any party: (1) any restriction with respect to any research and development project which may be carried out, other than a project carried out under the contract; (2) any obligation to disclose the results of any project, other than the contract project; (3) any restriction on the use of a discovery; or (4) any restriction with respect to the manufacturing or marketing of any product or service unrelated to or resulting from such a contract. Requires, with respect to each project, that at least two other groups exist with the capability to carry out a similar project. Requires the parties to such a contract to notify the Attorney General in writing of: (1) the date of the contract and of any contract amendments; (2) the names of the parties to the contract; (3) the nature of each research and development project to be carried out under such contract; (4) the names of the parties who will participate in each such project; and (5) the contract's compliance with the requirements under this Act. Requires the Attorney General to publish this information in the Federal Register.

Provides that no person shall be liable under the antitrust laws for any relief, other than injunctive relief or the issuance of a patent or copyright license, for performance of a contract for a joint research and development project if: (1) such person discloses the nature of the project and the identities of the project participants to the Attorney General and provides any information the Attorney General may require; and (2) contract performance occurs more than 90 days after such information is disclosed or more than 60 days after the Attorney General publishes notice with respect to such project in the Federal Register.

Authorizes the Attorney General to investigate the parties to a contract for joint research and development projects in order to ascertain whether: (1) the information required to be submitted by such parties under this Act is accurate; (2) the contract complies with requirements under this Act; and (3) the research and development projects comply with the contract terms. Requires the Attorney General to notify the persons who are the subjects of such investigations that: (1) an investigation is in progress; and (2) if the investigation shows that the contract involved does not comply with this Act.

Exempts a person from liability under Federal or State antitrust laws for attempting to make a contract to carry out a joint research and development program.

Provides that failure to comply with certain requirements of this Act shall not be considered as evidence of an antitrust violation. Puts the burden of proof in a joint research and development project antitrust action on the plaintiff to show that: (1) certain provisions of this Act have not been satisfied; and (2) there is an antitrust cause of action.

Provides that entering into or performing a contract for joint research and development shall not be considered per se to be a violation of the antitrust laws. Provides that no person shall be liable under the antitrust laws for an amount in excess of actual damages sustained by a claimant, the cost of suit, and any interest awarded if such liability is the result of entering into or performing such a contract. Requires the awarding of reasonable attorney's fees to a person against whom a claim arising from such a contract is made if such claim fails.

Provides that this Act shall be applicable to projects carried out under contracts in effect on or after enactment of this Act.

Sets forth severability provisions.