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COVID-19 and Libraries: E-Books and Intellectual Property Issues [April 28, 2020]
"With many states issuing stay-at-home orders, and many public library buildings closed during the COVID-19 [coronavirus disease 2019] pandemic, members of the public looking for reading material have increasingly turned to e-books [electronic books]. Yet even before the pandemic, libraries faced challenges in meeting patron demand for e-books. For example, in November 2019 the Washington Post reported months-long wait times to borrow high-demand e-books from major public libraries. The legal framework for lending physical books is different than that for e-books. While a library may generally lend a physical copy of a book in any manner it chooses, under current law a library may only lend an e-book in the manner approved by the copyright holder (usually the publisher). Thus, for example, the publisher may limit the length of time during which the library may lend the e-book, the number of times the e-book may be checked out, or both. These limitations may restrict a library's ability to meet patron demand. This Sidebar explains how copyright law governs e-book lending; describes how the COVID-19 pandemic has affected e-book accessibility; and outlines some possible legal approaches Congress may consider."
Library of Congress. Congressional Research Service
Richards, Kevin T.
2020-04-28
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Drug Pricing and Intellectual Property: The Legislative Landscape for the 117th Congress [March 31, 2021]
From the Summary: "Intellectual property (IP) rights play an important role in the development and pricing of pharmaceuticals, such as prescription drugs and biological products (biologics). To provide incentives for research and development (R&D), IP law grants innovators exclusive rights that may prevent others from making generic or biosimilar versions of a drug or biologic, enabling makers of brand-name pharmaceuticals to charge higher prices in some circumstances. In the pharmaceutical context, such higher-than-competitive prices are intended to allow pharmaceutical manufacturers an opportunity to recoup substantial R&D costs, including clinical trials and other tests necessary to obtain regulatory approval from the Food and Drug Administration (FDA). Although many factors other than IP rights contribute to the cost of prescription drugs and biologics, pharmaceutical products are frequently protected by IP rights, and IP rights are often among the most important factors driving high drug prices. [...] [T]his report summarizes legislative proposals introduced in the 116th Congress that concern drug pricing and relate to patent and regulatory exclusivity rights in drugs and biologics. Among other things, this report classifies bills by legislative status and type, and analyzes and compares bills addressing similar subject matter."
Library of Congress. Congressional Research Service
Hickey, Kevin J.; Richards, Kevin T.; Ward, Erin H.
2021-03-31
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Executive Orders: An Introduction [March 29, 2021]
From the Summary: "Executive orders are written instruments through which a President can issue directives to shape policy. Although the U.S. Constitution does not address executive orders and no statute grants the President the general power to issue them, authority to issue such orders is accepted as an inherent aspect of presidential power, though their legal effect depends on various considerations."
Library of Congress. Congressional Research Service
Richards, Kevin T.
2021-03-29
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Webcasting in the Time of COVID-19: Copyright Implications of Remote Worship & Distance Learning [April 3, 2020]
From the Document: "Unauthorized public performance or display of a copyrighted work generally gives rise to liability for copyright infringement; however, current law exempts certain activities from infringement when performed in person. For example, singing a copyrighted hymn or performing a religious work during a religious service at a place of worship is exempted from infringement liability, as is the performance or display of a copyrighted work by an instructor while teaching in the classroom. As a result of the COVID-19 [coronavirus disease 2019] social distancing policies, however, groups have begun webcasting what were previously in-person gatherings. ('Webcasting' is the practice of broadcasting an event live over the internet.) Places of worship may webcast their usual religious services. Schools and universities may webcast classes. Copyright law, however, treats transmissions like webcasting differently than in-person activities in some circumstances. Thus, certain activities generally exempt from copyright liability when performed in person may be infringing when they are transmitted or webcast over the internet. This Sidebar provides a background on copyright law before outlining possible approaches to exempting transmission of these events from copyright infringement liability."
Library of Congress. Congressional Research Service
Richards, Kevin T.
2020-04-03
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Isn't it Generic: Supreme Court to Consider Whether Web Addresses Using Generic Terms May Be Trademarked [June 2, 2020]
From the Document: "What can be trademarked? On May 4, 2020, in its first telephonic oral argument ever, the Supreme Court heard arguments addressing this question. Generally, trademarks protect the goodwill that a company has built in a 'distinctive' name or mark. Whether a mark is distinctive can depend on a number of factors, but, under long-standing trademark principles, a 'generic' mark is never distinctive and therefore may not be protected under trademark law. A mark is generic if it is the 'common name of a product' or 'the genus of which the particular product is a species.' For example, one could not trademark the name 'LITE BEER for light beer, or CONVENIENT STORE for convenience stores.'"
Library of Congress. Congressional Research Service
Richards, Kevin T.
2020-06-02
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Intellectual Property Violations and China: Legal Remedies [September 17, 2020]
From the Document: "[T]he United States continues to raise concerns about IP [intellectual property] theft by Chinese entities, including recent criminal allegations of Chinese state-sponsored hacking of COVID-19 [coronavirus disease 2019] vaccine research. [...] This report seeks to place these developments into a broader legal context by reviewing the various legal options available to address IP violations by Chinese entities. First, it describes various forms that 'IP theft' by Chinese entities may take, depending on the form of IP at issue (e.g., patents, copyrights, trademarks, or trade secrets) and the nature of the violation. These distinctions are significant because the remedies available to the U.S. government and individual rights holders will depend on the nature and circumstances of the IP violations. Second, the report reviews the scope and requirements of the legal remedies available under U.S. and international laws. These remedies fall into two broad categories: (1) remedies for systemic IP violations, which are initiated by the U.S. executive branch to target widespread IP violations by foreign actors by relying on trade or international law; and (2) remedies for individual IP violations, which seek to redress discrete IP violations by particular entities by relying on domestic civil, administrative, and criminal processes."
Library of Congress. Congressional Research Service
Hickey, Kevin J.; Murrill, Brandon J.; Hart, Nina M. . . .
2020-09-17
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Patent Law: A Handbook for Congress [September 16, 2020]
From the Document: "As patent law continues to be an area of congressional interest, this report provides background and descriptions of several key patent law doctrines. The report first describes the various parts of a patent, including the specification (which describes the invention) and the claims (which set out the legal boundaries of the patent owner's exclusive rights). Next, the report provides detail on the basic doctrines governing patentability, enforcement, and patent validity. [...] The report then explains how the rights granted by a patent are enforced, including issues relating to patent infringement (such as direct infringement, infringement under the doctrine of equivalents, induced infringement, and contributory infringement). Also addressed are issues relating to litigation in federal district court and before the International Trade Commission (ITC), including the specialized dispute procedures governed by the Drug Price Competition and Patent Term Restoration Act of 1984 (Hatch-Waxman Act) and the Biologics Price Competition and Innovation Act of 2009 (BPCIA). Finally, the report explains how a patent owner may lose their patent. This includes discussions of ex parte reexamination, post-grant review, inter partes review, and covered business method review."
Library of Congress. Congressional Research Service
Richards, Kevin T.
2020-09-16
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