Notes on 15 U.S.C. § 4301 : US Code - Notes

    (Pub. L. 98-462, Sec. 2, Oct. 11, 1984, 98 Stat. 1815; Pub. L. 103-
    42, Sec. 3(b), (c), June 10, 1993, 107 Stat. 117, 118; Pub. L. 108-
    237, title I, Sec. 103, June 22, 2004, 118 Stat. 663.)


                            REFERENCES IN TEXT                        
      Section 12(d) of the National Technology Transfer and Advancement
    Act of 1995, referred to in subsec. (a)(9), is section 12(d) of
    Pub. L. 104-113, which is set out as a note under section 272 of
    this title.



                                AMENDMENTS                            
      2004 - Subsec. (a)(7) to (10). Pub. L. 108-237, Sec. 103(1),
    added pars. (7) to (10).
      Subsec. (c). Pub. L. 108-237, Sec. 103(2), added subsec. (c).
      1993 - Subsec. (a)(6). Pub. L. 103-42, Sec. 3(b), struck out
    "research and development" after "joint" in introductory
    provisions, inserted subpars. (D) and (E), redesignated former
    subpars. (D) and (E) as (F) and (G), respectively, inserted "or
    production" after "research" in subpar. (F), substituted "(D), (E),
    and (F)" for "and (D)" in subpar. (G), and substituted "such
    venture" for "research" after "facilities for the conducting of" in
    concluding provisions.
      Subsec. (b). Pub. L. 103-42, Sec. 3(c)(1), struck out "research
    and development" before "venture" in introductory provisions.
      Subsec. (b)(1). Pub. L. 103-42, Sec. 3(c)(2), substituted "if
    such information is not reasonably required to carry out" for "that
    is not reasonably required to conduct the research and development
    that is".
      Subsec. (b)(2). Pub. L. 103-42, Sec. 3(c)(3), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "entering
    into any agreement or engaging in any other conduct restricting,
    requiring, or otherwise involving the production or marketing by
    any person who is a party to such venture of any product, process,
    or service, other than the production or marketing of proprietary
    information developed through such venture, such as patents and
    trade secrets, and".
      Subsec. (b)(3). Pub. L. 103-42, Sec. 3(c)(4), in subpar. (A)
    substituted ", developments, products, processes, or services not
    developed through, or produced by," for "or developments not
    developed through", in subpar. (B) substituted "any person who is a
    party to such venture" for "such party", and at end of concluding
    provisions substituted comma for period.
      Subsec. (b)(4) to (8). Pub. L. 103-42, Sec. 3(c)(5), added pars.
    (4) to (8).

                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-237, title I, Sec. 101, June 22, 2004, 118 Stat. 661,
    provided that: "This title [amending this section and sections 4302
    to 4305 of this title and enacting provisions set out as notes
    under this section] may be cited as the 'Standards Development
    Organization Advancement Act of 2004'."

                       SHORT TITLE OF 1993 AMENDMENT                   
      Section 1 of Pub. L. 103-42 provided that: "This Act [enacting
    section 4306 of this title, amending this section and sections 4302
    to 4305 of this title, enacting provisions set out as notes under
    this section and section 4305 of this title, and amending a
    provision set out as a note under this section] may be cited as the
    'National Cooperative Production Amendments of 1993'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 98-462, as amended by Pub. L. 103-42, Sec.
    3(a), June 10, 1993, 107 Stat. 117, provided that: "This Act
    [enacting this chapter] may be cited as the 'National Cooperative
    Research and Production Act of 1993'."

                      CONSTRUCTION OF 2004 AMENDMENT                  
      Pub. L. 108-237, title I, Sec. 108, June 22, 2004, 118 Stat. 665,
    provided that: "Nothing in this title [amending this section and
    sections 4302 to 4305 of this title and enacting provisions set out
    as notes under this section] shall be construed to alter or modify
    the antitrust treatment under existing law of - 
        "(1) parties participating in standards development activity of
      standards development organizations within the scope of this
      title, including the existing standard under which the conduct of
      the parties is reviewed, regardless of the standard under which
      the conduct of the standards development organizations in which
      they participate are reviewed, or
        "(2) other organizations and parties engaged in standard-
      setting processes not within the scope of this amendment to the
      title."

                           FINDINGS AND PURPOSE                       
      Pub. L. 108-237, title I, Sec. 102, June 22, 2004, 118 Stat. 661,
    provided that: "The Congress finds the following:
        "(1) In 1993, the Congress amended and renamed the National
      Cooperative Research Act of 1984 (now known as the National
      Cooperative Research and Production Act of 1993 (15 U.S.C. 4301
      et seq.)) by enacting the National Cooperative Production
      Amendments of 1993 (Public Law 103-42 [see Short Title of 1993
      Amendment note set out above]) to encourage the use of
      collaborative, procompetitive activity in the form of research
      and production joint ventures that provide adequate disclosure to
      the antitrust enforcement agencies about the nature and scope of
      the activity involved.
        "(2) Subsequently, in 1995, the Congress in enacting the
      National Technology Transfer and Advancement Act of 1995 (15
      U.S.C. 272 note) [Pub. L. 104-113; see Short Title of 1996
      Amendment note set out under section 3701 of this title]
      recognized the importance of technical standards developed by
      voluntary consensus standards bodies to our national economy by
      requiring the use of such standards to the extent practicable by
      Federal agencies and by encouraging Federal agency
      representatives to participate in ongoing standards development
      activities. The Office of Management and Budget on February 18,
      1998, revised Circular A-119 to reflect these changes made in
      law.
        "(3) Following enactment of the National Technology Transfer
      and Advancement Act of 1995, technical standards developed or
      adopted by voluntary consensus standards bodies have replaced
      thousands of unique Government standards and specifications
      allowing the national economy to operate in a more unified
      fashion.
        "(4) Having the same technical standards used by Federal
      agencies and by the private sector permits the Government to
      avoid the cost of developing duplicative Government standards and
      to more readily use products and components designed for the
      commercial marketplace, thereby enhancing quality and safety and
      reducing costs.
        "(5) Technical standards are written by hundreds of nonprofit
      voluntary consensus standards bodies in a nonexclusionary
      fashion, using thousands of volunteers from the private and
      public sectors, and are developed under the standards development
      principles set out in Circular Number A-119, as revised February
      18, 1998, of the Office of Management and Budget, including
      principles that require openness, balance, transparency,
      consensus, and due process. Such principles provide for - 
          "(A) notice to all parties known to be affected by the
        particular standards development activity,
          "(B) the opportunity to participate in standards development
        or modification,
          "(C) balancing interests so that standards development
        activities are not dominated by any single group of interested
        persons,
          "(D) readily available access to essential information
        regarding proposed and final standards,
          "(E) the requirement that substantial agreement be reached on
        all material points after the consideration of all views and
        objections, and
          "(F) the right to express a position, to have it considered,
        and to appeal an adverse decision.
        "(6) There are tens of thousands of voluntary consensus
      standards available for government use. Most of these standards
      are kept current through interim amendments and interpretations,
      issuance of addenda, and periodic reaffirmation, revision, or
      reissuance every 3 to 5 years.
        "(7) Standards developed by government entities generally are
      not subject to challenge under the antitrust laws.
        "(8) Private developers of the technical standards that are
      used as Government standards are often not similarly protected,
      leaving such developers vulnerable to being named as codefendants
      in lawsuits even though the likelihood of their being held liable
      is remote in most cases, and they generally have limited
      resources to defend themselves in such lawsuits.
        "(9) Standards development organizations do not stand to
      benefit from any antitrust violations that might occur in the
      voluntary consensus standards development process.
        "(10) As was the case with respect to research and production
      joint ventures before the passage of the National Cooperative
      Research and Production Act of 1993, if relief from the threat of
      liability under the antitrust laws is not granted to voluntary
      consensus standards bodies, both regarding the development of new
      standards and efforts to keep existing standards current, such
      bodies could be forced to cut back on standards development
      activities at great financial cost both to the Government and to
      the national economy."
      Section 2 of Pub. L. 103-42 provided that:
      "(a) Findings. - The Congress finds that - 
        "(1) technological innovation and its profitable
      commercialization are critical components of the ability of the
      United States to raise the living standards of Americans and to
      compete in world markets;
        "(2) cooperative arrangements among nonaffiliated businesses in
      the private sector are often essential for successful
      technological innovation; and
        "(3) the antitrust laws may have been mistakenly perceived to
      inhibit procompetitive cooperative innovation arrangements, and
      so clarification serves a useful purpose in helping to promote
      such arrangements.
      "(b) Purpose. - It is the purpose of this Act [see Short Title of
    1993 Amendment note above] to promote innovation, facilitate trade,
    and strengthen the competitiveness of the United States in world
    markets by clarifying the applicability of the rule of reason
    standard and establishing a procedure under which businesses may
    notify the Department of Justice and Federal Trade Commission of
    their cooperative ventures and thereby qualify for a single-damages
    limitation on civil antitrust liability."


    (footnote 1) So in original. Probably should be section "12(d)(5)".