[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 401 Introduced in House (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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