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Intellectual Property

A Guide to Selected Government Information Available at WIU's Government Publications Library

Web version of this guide includes links to web resources.

Federal Government Information
Intellectual Property Rights: The Music and Film Industry

The focus of this hearing is protection of intellectual property by enforcement of laws and deterrence of piracy. Testimony includes representatives of the Patent and Trademark Office, the Motion Picture Association of America, the Recording Industry Association of America, and the Intellectual Property Alliance. Record material includes the study, "Copyright Industries in the U.S. Economy: The 1998 Report". 1998
Y 4.IN 8/16:IN 8/18

Cybercrime, Transnational Crime and Intellectual Property Theft

In this hearing, three representatives from the Federal Bureau of Investigation educate Congressmembers on the FBI's fight against economic crime via the Internet. Topics of discussion include cyberbanking fraud, theft of trade secrets, and software piracy. A study entitled, "Intellectual Property Theft: Economic Analysis Case Study" is included in the record. 1998
Y 4.EC 7:C 99

WIPO Copyright Treaties Implementation Act and Online Copyright Liability Limitation Act

This hearing discusses implementation of the World Intellectual Property Organization (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty to strengthen international standards for copyright protection in music, film, photography, computer software, and information products. It also includes provisions to prohibit circumvention of technological copyright protection systems as well as criminal and civil penalties for doing so. 1998
Y 4.J 89/1:105/33

The U.S.-- China Intellectual Property Rights Agreement and Related Trade Issues

This joint hearing examines the bilateral economic relationship with China, including implementation of an agreement between the U.S. and China regarding enforcement of U.S. intellectual property rights in China. 1996
Y 4.IN 8/16:C 44/13

Intellectual Property Antitrust Protection Act of 1995

This Act was established to eliminate a court-created presumption that the power to control prices or exclude competition is always present for antitrust liability solely from the existence of a copyright or patent. 1996
Y 4.J 89/1:104/75

Economic Espionage

This hearing was held before the Subcommittee on Crime to review the need for legislation to establish criminal penalties for the theft of proprietary economic information. Testimony from companies who have been victims of this type of crime is given and the Director of the FBI also discusses protection of intellectual property historically, currently, and futuristically. 1997
Y 4.J 89/1:104/113

Economic Espionage, Technology Transfers and National Security

A hearing to address concerns regarding the efects that availability of high technology and its usage by other countries might have on U.S. military and economic security. Mandated high technology transfer and proliferation of a computer-crippling weapon, the Radio Frequency weapon, is discussed. China's efforts at gaining sensitive information and the deficiencies of the U.S. export control policy are also examined. 1998
Y 4.EC 7:ES 6

Federal Role in Electronic Authentication

A hearing to review the need, in light of existing State laws, for federal regulation of electronic commerce authentication procedures over insecure computer networks. Electronic authentication confirms the sender's identity and message authenticity. 1998
Y 4.B 22/1:105-21

Digital Millenium Copyright Act of 1998

Amends and enforces two international treaties, the Copyright Treaty and the Performances and Phonograms Treaty, signed by the U.S. and other countries to provide protection from and limitations to copyright from and limitations to copyright infringement. An added Title III deals with ephemeral recordings, distance learning, and libraries and archival technological preservation of works. 1998
Y 1.1/8:105-551/pt. 2

Convention for the Protection of Plants

This committee meeting was held to discuss ratification of the revised International Convention for the Protection of New Varieties of Plants, establishing plant breeder intellectual property rights. 1998
Y 1.1/6:105-15

This web site of the Computer Crime and Intellectual Property Section of the Criminal Division of the U.S. Department of Justice contains a manual detailing significant changes in law and technology with an expanded focus on trafficking in counterfeit goods and a new section on the theft of trade secrets.

Legal Information
"New Spy Act to Boost White-Collar Defense Biz: Enhanced Enforcement of Trade Secret Theft Expected"

Under the new 1996 Economic Espionage Act, theft of trade secrets is punishable by fines of up to $250,000 for individuals and $5 million for corporations as well as jail sentences of up to ten years. Increased prosecution is likely and law firms are beginning to prepare now.
The National Law Journal, July 28, 1997. Vol. 19, No. 48 p. A1

"Whenever Patents, Trademarks, or Copyrights Are at Issue in a Transaction, Counsel Should Conduct a Thorough and Diligent Inquiry of the Rights at Stake"

Intellectual property due diligence has become an important part of legal work required for mergers. If, after a merger, the acquiring party does not have or own an adequate license to the intellectual property, the acquiring party can face litigation for infringement of assets used during a sale.
The National Law Journal, June 9, 1997. Vol. 19, No. 41 p. B5

"Riding the Brain Train: Many Intellectual Property Lawyers Are Making the Move From Boutiques to Full-Service Mega-Firms"

The demand for intellectual property expertise in a technological age has led to the merger of general practice firms and smaller, intellectual property boutiques.
ABA Journal, February 1997, Vol. 83 p. 30

"Intellectual Property"

This article examines several areas of intellectual property under which criminal prosecutions are brought: theft of trade secrets, trademark counterfeiting, copyright and patent infringement, and art crimes. A section on online servers is included and the final section of the article discusses penalties under acts used to prosecute intellectual property crimes.
American Criminal Law Review, Winter 1997, Vol. 34, No. 2 pp 741-769

"Insecurity Interests: Where Intellectual Property and Commercial Law Collide"

This article examines the complexities of intellectual property as collateral in secured loans, analyzes the relevant statutes and regulations, critiques leading cases on security interests, and studies current reform proposals.
Columbia Law Review, November 1996, Vol. 96, No. 7, pp. 1645-1752

"Contracting Into Liability Rules: Intellectual Property Rights and Collective Rights Organizations"

This article maintains that "repeat players" in the intellectual property marketplace can and do take steps to make exchanges easier and more cost effective, such as copyright collectives and patent pools. Using the new institutional economics theory, the author argues that the entitlement theory needs to be adjusted and that Congress should not mandate a compulsory license for digital content.
California Law Review, October 1996, Vol. 84, No. 5 pp. 1293-1393

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