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Intellectual Property Antitrust Protection Act of 1997 (Introduced in House)

HR 401 IH

105th CONGRESS

1st Session

H. R. 401

To modify the application of the antitrust laws to encourage the licensing and other use of certain intellectual property.

IN THE HOUSE OF REPRESENTATIVES

January 9, 1997

Mr. HYDE (for himself, Mr. SENSENBRENNER, Mr. GEKAS, Mr. COBLE, Mr. SMITH of Texas, Mr. GALLEGLY, Mr. CANADY of Florida, Mr. BONO, and Mr. FRANK of Massachusetts) 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 1997'.

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.


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