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15 U.S.C. § 4301 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4301 — Definitions

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Source location: Title 15, Chapter 69, § 4301; chapter-069-cooperative-research.md

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**(a)** For purposes of this chapter: (1) The term “antitrust laws” has the meaning given it in subsection (a) of [section 12 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim), except that such term includes [section 45 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim) to the extent that such [section 45 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45&num=0&edition=prelim) applies to unfair methods of competition. (2) The term “Attorney General” means the Attorney General of the United States. (3) The term “Commission” means the Federal Trade Commission. (4) The term “person” has the meaning given it in subsection (a) of [section 12 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim). (5) The term “State” has the meaning given it in [section 15g(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section15g/2&num=0&edition=prelim). (6) The term “joint venture” means any group of activities, including attempting to make, making, or performing a contract, by two or more persons for the purpose of— (A) theoretical analysis, experimentation, or systematic study of phenomena or observable facts, (B) the development or testing of basic engineering techniques, (C) the extension of investigative findings or theory of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, prototypes, equipment, materials, and processes, (D) the production of a product, process, or service, (E) the testing in connection with the production of a product, process, or service by such venture, (F) the collection, exchange, and analysis of research or production information, or (G) any combination of the purposes specified in subparagraphs (A), (B), (C), (D), (E), and (F), and may include the establishment and operation of facilities for the conducting of such venture, the conducting of such venture on a protected and proprietary basis, and the prosecuting of applications for patents and the granting of licenses for the results of such venture, but does not include any activity specified in subsection (b). (7) The term “standards development activity” means any action taken by a standards development organization for the purpose of developing, promulgating, revising, amending, reissuing, interpreting, or otherwise maintaining a voluntary consensus standard, or using such standard in conformity assessment activities, including actions relating to the intellectual property policies of the standards development organization. (8) The term “standards development organization” means a domestic or international organization that plans, develops, establishes, or coordinates voluntary consensus standards using procedures that incorporate the attributes of openness, balance of interests, due process, an appeals process, and consensus in a manner consistent with the Office of Management and Budget Circular Number A–119, as revised February 10, 1998. The term “standards development organization” shall not, for purposes of this chapter, include the parties participating in the standards development organization. (9) The term “technical standard” has the meaning given such term in section 12(d)(4) 11 So in original. Probably should be section “12(d)(5)”. of the National Technology Transfer and Advancement Act of 1995. (10) The term “voluntary consensus standard” has the meaning given such term in Office of Management and Budget Circular Number A–119, as revised February 10, 1998. **(b)** The term “joint venture” excludes the following activities involving two or more persons: (1) exchanging information among competitors relating to costs, sales, profitability, prices, marketing, or distribution of any product, process, or service if such information is not reasonably required to carry out the purpose of such venture, (2) entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the marketing, distribution, or provision by any person who is a party to such venture of any product, process, or service, other than— (A) the distribution among the parties to such venture, in accordance with such venture, of a product, process, or service produced by such venture, (B) the marketing of proprietary information, such as patents and trade secrets, developed through such venture formed under a written agreement entered into before June 10, 1993, or (C) the licensing, conveying, or transferring of intellectual property, such as patents and trade secrets, developed through such venture formed under a written agreement entered into on or after June 10, 1993, (3) entering into any agreement or engaging in any other conduct— (A) to restrict or require the sale, licensing, or sharing of inventions, developments, products, processes, or services not developed through, or produced by, such venture, or (B) to restrict or require participation by any person who is a party to such venture in other research and development activities, that is not reasonably required to prevent misappropriation of proprietary information contributed by any person who is a party to such venture or of the results of such venture, (4) entering into any agreement or engaging in any other conduct allocating a market with a competitor, (5) exchanging information among competitors relating to production (other than production by such venture) of a product, process, or service if such information is not reasonably required to carry out the purpose of such venture, (6) entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the production (other than the production by such venture) of a product, process, or service, (7) using existing facilities for the production of a product, process, or service by such venture unless such use involves the production of a new product or technology, and (8) except as provided in paragraphs (2), (3), and (6), entering into any agreement or engaging in any other conduct to restrict or require participation by any person who is a party to such venture, in any unilateral or joint activity that is not reasonably required to carry out the purpose of such venture. **(c)** The term “standards development activity” excludes the following activities: (1) Exchanging information among competitors relating to cost, sales, profitability, prices, marketing, or distribution of any product, process, or service that is not reasonably required for the purpose of developing or promulgating a voluntary consensus standard, or using such standard in conformity assessment activities. (2) Entering into any agreement or engaging in any other conduct that would allocate a market with a competitor. (3) Entering into any agreement or conspiracy that would set or restrain prices of any good or service.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 12 — Definitions; short title

**(a)** “Antitrust laws,” as used herein, includes the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies,” approved July second, eighteen hundred and ninety; sections seventy-three to seventy-six, inclusive, of an Act entitled “An Act to reduce taxation, to provide revenue for the Government, and for other purposes,” of August twenty-seventh, eighteen hundred and ninety-four; an Act entitled “An Act to amend sections seventy-three and seventy-six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled ‘An Act to reduce taxation, to provide revenue for the Government, and for other purposes,’ ” approved February twelfth, nineteen hundred and thirteen; and also this Act.“Commerce,” as used herein, means trade or commerce among the several States and with foreign nations, or between the District of Columbia or any Territory of the United States and any State, Territory, or foreign nation, or between any insular possessions or other places under the jurisdiction of the United States, or between any such possession or place and any State or Territory of the United States or the District of Columbia or any foreign nation, or within the District of Columbia or any Territory or any insular possession or other place under the jurisdiction of the United States: Provided, That nothing in this Act contained shall apply to the Philippine Islands. The word “person” or “persons” wherever used in this Act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country. **(b)** This Act may be cited as the “Clayton Act”.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3701 — Findings

The Congress finds and declares that: (1) Technology and industrial innovation are central to the economic, environmental, and social well-being of citizens of the United States. (2) Technology and industrial innovation offer an improved standard of living, increased public and private sector productivity, creation of new industries and employment opportunities, improved public services and enhanced competitiveness of United States products in world markets. (3) Many new discoveries and advances in science occur in universities and Federal laboratories, while the application of this new knowledge to commercial and useful public purposes depends largely upon actions by business and labor. Cooperation among academia, Federal laboratories, labor, and industry, in such forms as technology transfer, personnel exchange, joint research projects, and others, should be renewed, expanded, and strengthened. (4) Small businesses have performed an important role in advancing industrial and technological innovation. (5) Industrial and technological innovation in the United States may be lagging when compared to historical patterns and other industrialized nations. (6) Increased industrial and technological innovation would reduce trade deficits, stabilize the dollar, increase productivity gains, increase employment, and stabilize prices. (7) Government antitrust, economic, trade, patent, procurement, regulatory, research and development, and tax policies have significant impacts upon industrial innovation and development of technology, but there is insufficient knowledge of their effects in particular sectors of the economy. (8) No comprehensive national policy exists to enhance technological innovation for commercial and public purposes. There is a need for such a policy, in

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 45 — Unfair methods of competition unlawful; prevention by Commission

**(a) Declaration of unlawfulness; power to prohibit unfair practices; inapplicability to foreign trade** (1) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful. (2) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, except banks, savings and loan institutions described in [section 57a(f)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/3&num=0&edition=prelim), Federal credit unions described in [section 57a(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section57a/f/4&num=0&edition=prelim), common carriers subject to the Acts to regulate commerce, air carriers and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921, as amended [[7 U.S.C. 181](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section181&num=0&edition=prelim) et seq.], except as provided in section 406(b) of said Act [[7 U.S.C. 227(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section227/b&num=0&edition=prelim)], from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce. (3) This subsection shall not apply to unfair methods of competition involving commerce with foreign nations (other than import commerce) unless— (A) such methods of competition have a direct, substantial, and reasonably foreseeable effect— (i) on commerce which is not commerce with foreign nations, or on import commerce with foreign nations; or

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4306 — Application of section 4303 protections to production of products, processes, and services

Notwithstanding sections 4303 and 4305 of this title, the protections of [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4303&num=0&edition=prelim) shall not apply with respect to a joint venture’s production of a product, process, or service, as referred to in [section 4301(a)(6)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4301/a/6/D&num=0&edition=prelim), unless— (1) the principal facilities for such production are located in the United States or its territories, and (2) each person who controls any party to such venture (including such party itself) is a United States person, or a foreign person from a country whose law accords antitrust treatment no less favorable to United States persons than to such country’s domestic persons with respect to participation in joint ventures for production.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 272 — Establishment, functions, and activities

**(a) Establishment of National Institute of Standards and Technology** There is established within the Department of Commerce a science, engineering, technology, and measurement laboratory to be known as the National Institute of Standards and Technology (hereafter in this chapter referred to as the “Institute”). **(b) Functions of Secretary and Institute** The Secretary of Commerce (hereafter in this chapter referred to as the “Secretary”) acting through the Director of the Institute (hereafter in this chapter referred to as the “Director”) is authorized to serve as the President’s principal adviser on standards policy pertaining to the Nation’s technological competitiveness and innovation ability and to take all actions necessary and appropriate to accomplish the purposes of this chapter, including the following functions of the Institute— (1) to assist industry in the development of technology and procedures needed to improve quality, to modernize manufacturing processes, to ensure product reliability, manufacturability, functionality, and cost-effectiveness, and to facilitate the more rapid commercialization, especially by small- and medium-sized companies throughout the United States, of products based on new scientific discoveries in fields such as automation, electronics, advanced materials, biotechnology, and optical technologies; (2) to develop, maintain, and retain custody of the national standards of measurement, and provide the means and methods for making measurements consistent with those standards; (3) to facilitate standards-related information sharing and cooperation between Federal agencies and to coordinate the use by Federal agencies of private sector standards, emphasizing where possible the use of standards developed by private, consensus orga

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4305 — Disclosure of joint venture

**(a) Written notifications; filing** (1) Any party to a joint venture, acting on such venture’s behalf, may, not later than 90 days after entering into a written agreement to form such venture or not later than 90 days after October 11, 1984, whichever is later, file simultaneously with the Attorney General and the Commission a written notification disclosing— (A) the identities of the parties to such venture, (B) the nature and objectives of such venture, and (C) if a purpose of such venture is the production of a product, process, or service, as referred to in [section 4301(a)(6)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4301/a/6/D&num=0&edition=prelim), the identity and nationality of any person who is a party to such venture, or who controls any party to such venture whether separately or with one or more other persons acting as a group for the purpose of controlling such party. Any party to such venture, acting on such venture’s behalf, may file additional disclosure notifications pursuant to this section as are appropriate to extend the protections of [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4303&num=0&edition=prelim). In order to maintain the protections of [section 4303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4303&num=0&edition=prelim), such venture shall, not later than 90 days after a change in its membership, file simultaneously with the Attorney General and the Commission a written notification disclosing such change. (2) A standards development organization may, not later than 90 days after commencing a standards development activity engaged in for the purpose of developing or pr

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12002 — Definitions

As used in this chapter— (1) the term “invention” means an invention or discovery that is patented or for which a patent may be obtained under title 35, or any novel variety of plant that is protected or for which plant variety protection may be obtained under the Plant Variety Protection Act ([7 U.S.C. 2321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2321&num=0&edition=prelim) et seq.) and that is conceived or reduced to practice as a result of work under an agreement entered into under this chapter; (2) the term “non-Federal person” means an entity located in the United States, the controlling interest (as defined by the Secretary) of which is held by persons of the United States, including— (A) a for-profit business; (B) a private foundation; (C) a nonprofit organization such as a university; (D) a trade or professional society; and (E) a unit of State or local government; (3) the term “Secretary” means the Secretary of Energy; (4) the term “small business”, with respect to a participant in any demonstration and commercial application project under this chapter, means a private firm that does not exceed the numerical size standard promulgated by the Small Business Administration under [section 632(a) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632/a&num=0&edition=prelim) for the Standard Industrial Classification (SIC) code designated by the Secretary of Energy as the primary business activity to be undertaken in the demonstration and commercial application project; (5) the term “source reduction” means any practice which— (A) reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment, i

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 4301 — Definitions

Page 2113 TITLE 15—COMMERCE AND TRADE § 4301 1 So in original. Probably should be section ‘‘12(d)(5)’’. Sec. 4302. Rule of reason standard. 4303. Limitation on recovery. 4304. Award of costs, including attorney’s fees, to substantially prevailing party; offset. 4305. Disclosure of joint venture. 4306. Application of section 4303 protections to pro- duction of products, processes, and services. § 4301. Definitions (a) For purposes of this chapter: (1) The term ‘‘antitrust laws’’ has the mean- ing given it in subsection (a) of section 12 of this title, except that such term includes sec- tion 45 of this title to the extent that such sec- tion 45 of this title applies to unfair methods of competition. (2) The term ‘‘Attorney General’’ means the Attorney General of the United States. (3) The term ‘‘Commission’’ means the Fed- eral Trade Commission. (4) The term ‘‘person’’ has the meaning given it in subsection (a) of section 12 of this title. (5) The term ‘‘State’’ has the meaning given it in section 15g(2) of this title. (6) The term ‘‘joint venture’’ means any group of activities, including attempting to make, making, or performing a contract, by two or more persons for the purpose of— (A) theoretical analysis, experimentation, or systematic study of phenomena or observ- able facts, (B) the development or testing of basic en- gineering techniques, (C) the extension of investigative findings or theory of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of mod- els, prototypes, equipment, materials, and processes, (D) the production of a product, process, or service, (E) the testing in connection with the pro- duction of a product,

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