Chapter IV: Misc Compulsory Licensing Programs

Bayh-Dole Act


Clean Air Act

Black Lung-Related Inventions


Atomic Energy
State Sovereign immunity

In 1999 the US Supreme Court held that State governments are not liable for patent for copyright infringement under the constitutional doctrine of state immunity. The case involved a suit alleging that the State of Florida had infringed a patent for methods of calculating bond payments for its student loan program. The US Supreme court held that state governments could not be sued for patent infringement under the constitutional doctrine of state sovereign immunity.


Federal Insecticide, Fungicide, and Rodenticide Act This is an environmental protection law that requires firms to provide registration data to the US federal government. The firm has exclusive rights to the data, subject to procedures for a non-voluntary licenses by third parties. The person seeking the non-voluntary license must first seek to negotiate a voluntary license. That failing, a person can elected to begin binding arbitration. According to the statue 7 USC Chapter 6, Subchapter II, 136a. Registration of pesticides:
If, at the end of ninety days after the date of delivery to the original data submitter of the offer to compensate, the original data submitter and the applicant have neither agreed on the amount and terms of compensation nor on a procedure for reaching an agreement on the amount and terms of compensation, either person may initiate binding arbitration proceedings by requesting the Federal Mediation and Conciliation Service to appoint an arbitrator from the roster of arbitrators maintained by such Service. The procedure and rules of the Service shall be applicable to the selection of such arbitrator and to such arbitration proceedings, and the findings and determination of the arbitrator shall be final and conclusive, and no official or court of the United States shall have power or jurisdiction to review any such findings and determination, except for fraud, misrepresentation, or other misconduct by one of the parties to the arbitration or the arbitrator where there is a verified complaint with supporting affidavits attesting to specific instances of such fraud, misrepresentation, or other misconduct. The parties to the arbitration shall share equally in the payment of the fee and expenses of the arbitrator.

Legislation


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