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

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