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Senate Reports Intellectual Property Rights Bills
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elektro80
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PostPosted: Tue May 04, 2004 6:26 am    Post subject: Senate Reports Intellectual Property Rights Bills Reply with quote  Mark this post and the followings unread

NO... this is not a message from ToonTown.. aww.. ok... it is:

Washington ñ Sen. Orrin G. Hatch (R-Utah), Chairman of the Senate Judiciary Committee, today announced that the committee reported four intellectual property rights bills at this morning's executive business meeting.

Senator Hatch issued the following statement:

"These are all excellent bills that will enhance the enforcement and operation of the intellectual property laws so critical to our economy and our future. I look forward to their consideration and passage by the full Senate.

"First, we reported the Cooperative Research and Technology Enhancement Act of 2004, the CREATE Act, S. 2192, which is a companion to an identical bill passed by the House. This bill will amend the Patent Act to achieve better its intent to encourage collaborative research between our great public universities and our private entrepreneurs. Currently, certain language in the law, if read too literally, can make non-public information known to some members of a private-public research team prior art that could foreclose the patentability of the final results of the research. Non-public information is unusually not prior art, so this could discourage private-public research partnerships. This bill conforms the language of the Patent Act to its original intent, and it will help speed new inventions from the laboratory to the marketplace.

"The Protecting Intellectual Rights Against Theft and Expropriation Act of 2004, the PIRATE Act, S. 2237, is an important legislative effort I joined Senator Leahy in sponsoring. This bill will give the Department of Justice the flexible enforcement powers needed to deal with the challenges posed by so-called peer-to-peer filesharing software. The design of this software seems to induce otherwise law-abiding people to violate federal laws relating to copyrights and distribution of pornography. As a result, it has been difficult for the Department to bring the moral force of the government to bear against the widespread piracy induced by this software. The PIRATE Act will ensure that the Department will have the option to impose civil penalties against users of filesharing software who are breaking federal laws, but may not warrant criminal prosecution.

"We also reported the Artists' Rights and Theft Prevention Act of 2003, the ART Act, S. 1932. This bill will close two critical gaps in our copyright laws that are feeding some of the piracy now rampant on the Internet. First, it will criminalize attempts to duplicate movies in movie theatres. These unauthorized copies of new movies now appear on filesharing networks within days of release. This bill will attack this problem at its source. Second, the bill will create a pre-registration system that will permit criminal penalties and statutory-damage awards to control the problem of pre-release piracy that occurs when new music or movies are posted on filesharing networks and piracy sites even before they are released commercially.

"Finally, we reported the U.S. Patent and Trademark Fee Modernization Act of 2003, HR 1561, which passed the House by a vote of 379 to 28. This bill increases patent application user fees, creates a refund mechanism that will discourage fee diversion while preserving the oversight authority of the Appropriations Committee, and authorizes a pilot program to test the potential benefits of privatizing the patent search function. Major users of the PTO, including the over 100 firms and 30 associations that comprise the membership of the 21st Century Intellectual Property Coalition, not only support this bill, they have been actively lobbying Congress to enact substantial increases in their patent application user fees. This bill shows that America's innovators are prepared to pay out of their own pockets to improve the system at the PTO, provided the money will go to streamlining and expediting the patent application process."

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