HR 3204 · 107th Congress 2001–2003, ended

Intellectual Property Protection Restoration Act of 2001

Introduced Nov 1, 2001 Originated House Sponsor Howard Coble R-NC

Fact sheet

Latest action · Nov 27, 2001 Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedNov 1, 2001
Passed HouseNot reached
Passed SenateNot reached
To the PresidentNot reached
Became lawNot reached

Summary

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.

Cosponsors 1

Members who signed on, in the order they did. All signed on Nov 1, 2001.

Seat	Cosponsor		Signed on
D-CA	Howard L. Berman	Original	Nov 1, 2001

Actions 4

Everything that happened, newest first.

Nov 27, 2001Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Nov 2, 2001Sponsor introductory remarks on measure. (CR E1986-1987)
Nov 1, 2001Introduced in House
Nov 1, 2001Referred to the House Committee on the Judiciary.

Related bills 1

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
S 1611	Intellectual Property Protection Restoration Act of 2001	Identical bill	Feb 27, 2002

Subjects

Assigned by the Library of Congress. Policy area: Commerce.

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.