All Information (Except Text) for H.R.3204 - Intellectual Property Protection Restoration Act of 2001 107th Congress (2001-2002)

Titles (2)

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Actions Overview (1)

Date	Actions Overview
11/01/2001	Introduced in House

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All Actions (4)

Date	All Actions
11/27/2001	Referred to the Subcommittee on Courts, the Internet, and Intellectual Property. Action By: Committee on the Judiciary
11/02/2001	Sponsor introductory remarks on measure. (CR E1986-1987) Action By: House of Representatives
11/01/2001	Referred to the House Committee on the Judiciary. Action By: House of Representatives
11/01/2001	Introduced in House Action By: House of Representatives

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Cosponsors (1)

Cosponsor	Date Cosponsored
Rep. Berman, Howard L. [D-CA-26]*	11/01/2001

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Committees (1)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

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Related Bills (1)

Bill relationships are identified by the House, the Senate, or CRS, and refer only to same-congress measures. Read more About Related Bills.

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Subjects (30)

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Latest Summary (1)

Shown Here:
Introduced in House (11/01/2001)

Intellectual Property Protection Restoration Act of 2001 - 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, 2002, 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, 2004, 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, 2002, 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.

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All Summaries (1)

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