3.0.0 2344 2023-01-15T16:18:33Z 2023-01-15T16:18:33Z House H HR 2003-06-05 108 hsju00 Judiciary Committee House Standing hsju03 Courts, Intellectual Property, and the Internet Subcommittee Hearings by 2003-06-17T21:02:16Z Referred to 2003-06-10T21:00:11Z Referred to 2003-06-05T14:00:10Z Intellectual Property Protection Restoration Act of 2003 108 1191 S 2003-06-05 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S7480-7482) Identical bill CRS 2003-06-17 hsju03 Courts, Intellectual Property, and the Internet Subcommittee 1 House committee actions Subcommittee Hearings Held. Committee 2003-06-10 hsju03 Courts, Intellectual Property, and the Internet Subcommittee 1 House committee actions Referred to the Subcommittee on Courts, the Internet, and Intellectual Property. Committee 2003-06-05 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2003-06-05 Introduced in House IntroReferral Intro-H 9 Library of Congress 2003-06-05 Introduced in House IntroReferral 1000 9 Library of Congress S000583 Rep. Smith, Lamar [R-TX-21] LAMAR SMITH R TX 21 N B000410 Rep. Berman, Howard L. [D-CA-28] HOWARD BERMAN D CA L. 28 2003-06-05 True C000714 Rep. Conyers, John, Jr. [D-MI-14] JOHN CONYERS D MI 14 2003-06-19 False W000314 Rep. Wexler, Robert [D-FL-19] ROBERT WEXLER D FL 19 2003-09-09 False C000556 Rep. Coble, Howard [R-NC-6] HOWARD COBLE R NC 6 2003-10-15 False Commerce Agriculture and Food Civil actions and liability Compensation (Law) Constitutional law Copyright Damages Due process of law Evidence (Law) Expert witnesses Finance and Financial Sector Government Operations and Politics Government liability Injunctions Intellectual property Interest Law Legal fees Liability (Law) Patent infringement Plant protection Profit Public Lands and Natural Resources Science, Technology, Communications Semiconductors State constitutions State employees State laws State officials Trademarks Commerce 00 2003-06-05 Introduced in House 2003-09-10T19:10:43Z 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.

]]> Intellectual Property Protection Restoration Act of 2003 Display Title Intellectual Property Protection Restoration Act of 2003 Official Title as Introduced To restore Federal remedies for infringements of intellectual property by States, and for other purposes. Introduced in House IH Short Titles as Introduced Intellectual Property Protection Restoration Act of 2003 Introduced in House 2003-06-05T04:00:00Z 2003-06-17 Subcommittee Hearings Held. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.