Intellectual Property Rights Protection and Enforcement Act of 1985

Summary

Intellectual Property Rights Protection and Enforcement Act of 1985 - Title I: Process Patents - Amends the patent laws to prohibit the use, sale, or importation of products made through the unauthorized use of a patented process. Title II: Enforcement of Patents, Copyrights, and Trademarks in International Trade - Amends the Tariff Act of 1930 to declare that the unauthorized importation (or sale) of articles into the United States that infringe a valid U.S. patent, copyright, or trademark is unfair and has the effect of destroying or substantially injuring a U.S. industry or impairing the establishment of such industry. Permits any person to petition the International Trade Commission (ITC) for the issuance of an order to exclude such articles, during its investigation, from entry into the United States. Sets forth: (1) civil penalties for violations under this Act; and (2) procedures for the modification or recission of an ITC order under this Act. Repeals a specified section of the Tariff Act of 1930 relating to the importation of products produced under a process covered by claims of unexpired patent. Title III: Licensee Challenges to Patent Validity - States that a licensee shall not be estopped from asserting in a judicial action the invalidity of any patent to which it is licensed. Title IV: Industrial Design Protection - Design Protection Act of 1985 - Amends the copyright law to provide for the protection of original industrial designs of useful articles, except designs that are: (1) not original; (2) staple or commonplace; (3) determined solely by a utilitarian function; (4) composed of three-dimensional features of shape and surface in wearing apparel; or (5) a semiconductor chip product already protected under another provision. States that protection for a design shall be available for subject matter usually excluded if the design is a substantial revision, adaptation, or rearrangement of such subject matter. Sets the term of protection at ten years. Requires the design to be marked with a design notice when it is made public. States that omission of such notice shall not cause loss of protection or prevent recovery for infringement against any person who receives written notice of the protection. Specifies the criteria for determination of infringement of a protected design. Provides that protection of a design shall be lost if application for registration is not made within one year after the date on which the design is first made public. Provides procedures for application for the protection of a design. Specifies the ownership and transfer rights of designs subject to protection. Provides remedies for infringement of a registered design, including injunctive relief and damages. Allows judicial review of a final refusal of the Register of the Copyright Office to register a design. Prescribes penalties for fraudulent registration, false marking, and false representation of any design. Provides that this Act shall take effect one year after the date of enactment. States that no design made public prior to the effective date shall be protected. Provides protection of a pictorial, graphic, or sculptural work in which copyright subsists if such work is utilized in an original design of a useful article.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 18 November 1985

   Introduced

   Referred to House Committee on The Judiciary.

   Source: IntroReferral

2. 18 November 1985

   Introduced

   Introduced in House

   Source: IntroReferral

3. 18 November 1985

   Introduced

   Introduced in House

   Source: IntroReferral

4. 21 November 1985

   Referred

   Referred to Subcommittee on Courts, Civil Liberties, and the Administration of Justice.

   Source: Committee

5. 19 February 1986

   Committee

   Subcommittee Hearings Held.

   Source: Committee

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in House

  summary · EN · 18 November 1985

  Open at official source

Sponsors

• Rep. Moorhead, Carlos J. [R-CA-22] · R · Sponsor
• Rep. Fish, Hamilton, Jr. [R-NY-25] · R · Sponsor
• Rep. Hughes, William J. [D-NJ-2] · D · Sponsor
• Rep. Kindness, Thomas N. [R-OH-8] · R · Sponsor
• Rep. Luken, Thomas A. [D-OH-1] · D · Sponsor
• Rep. DeWine, Mike [R-OH-7] · R · Sponsor
• Rep. Morrison, Bruce A. [D-CT-3] · D · Sponsor
• Rep. Eckart, Dennis E. [D-OH-11] · D · Sponsor
• Rep. Coble, Howard [R-NC-6] · R · Sponsor
• Rep. Nielson, Howard C. [R-UT-3] · R · Sponsor
• Rep. Broomfield, William S. [R-MI-19] · R · Cosponsor
• Sen. Coats, Daniel [R-IN] · R · Cosponsor
• Rep. Rinaldo, Matthew J. [R-NJ-12] · R · Cosponsor
• · hsju00 · Standing

Related records

No cross-record relationships stored yet.