I
103D CONGRESS
1ST SESSION
H. R. 23
To encourage innovation and productivity, stimulate trade, and promote the
competitiveness and technological leadership of the United States.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. FISH introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To encourage innovation and productivity, stimulate trade,
and promote the competitiveness and technological lead-
ership of the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Cooperative Productiv-
ity and Competitiveness Act of 1993’’.
SEC. 2. AMENDMENTS.
(a) TERMINOLOGY.—The National Cooperative Re-
search Act of 1984 (15 U.S.C. 4301, et seq.) is amended
by striking the term ‘‘joint research and development ven-
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ture’’ each place it appears and inserting in lieu thereof
‘‘joint research, development, or production venture’’;
(b) DEFINITION.—Section 2(a)(6) of the National
Cooperative
Research
Act
of
1984
(15
U.S.C.
4301(a)(6)) is amended—
(1) in subparagraph (D) by striking ‘‘or’’,
(2) in subparagraph (E)—
(A) by striking ‘‘(E)’’ and inserting ‘‘(F)’’,
and
(B) by striking ‘‘and (D)’’ and inserting
‘‘(D), and (E)’’,
(3) by inserting after subparagraph (D) the fol-
lowing:
‘‘(E) the production of any product, proc-
ess, or service in a jointly owned or operated fa-
cility, or’’, and
(4) in the matter following subparagraph (F),
as so redesignated, by inserting ‘‘development, or
production,’’, after ‘‘the conducting of research,’’.
(c) EXCLUSIONS.—Section 2(b) of the National Co-
operative Research Act of 1984 (15 U.S.C. 4301(b)) is
amended—
(1) in paragraph (1) by striking ‘‘conduct the
research and development that is’’ and inserting
‘‘carry out’’,
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(2) in paragraph (2)—
(A) by striking ‘‘or marketing’’ the first
place it appears and inserting ‘‘, marketing, or
distribution’’;
(B) by striking ‘‘or marketing of’’ and in-
serting ‘‘, marketing, or distribution of any
product, process, service, or’’;
(C) by striking ‘‘such as patents and trade
secrets,’’; and
(D) by inserting ‘‘(including patents and
trade secrets)’’ after ‘‘proprietary information’’;
and
(3) in paragraph (3) by striking ‘‘other research
and development activities’’ and inserting ‘‘any other
joint research, development, or production venture
activity’’.
(d) RULE OF REASON STANDARD.—Section 3 of the
National Cooperative Research Act of 1984 (15 U.S.C.
4302) is amended by adding at the end the following: ‘‘For
the purpose of determining a properly defined, relevant
market, the worldwide capacity of suppliers to provide a
product, process, or service shall be considered.’’.
(e) TECHNICAL AMENDMENTS.—(1) Section 3 of the
National Cooperative Research Act of 1984 (15 U.S.C.
4302) is amended by striking ‘‘research and development
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markets’’ and inserting in lieu thereof ‘‘research, develop-
ment, or product markets’’, and
(2) Section 6 of the National Cooperative Research
Act of 1984 (15 U.S.C. 4305) is amended—
(A) in the heading by striking ‘‘Research and
Development’’, and
(B) in subsection (a) by inserting ‘‘(or, with re-
spect to a venture involving the production of any
product, process, or service, not later than 90 days
after the effective date of the Cooperative Productiv-
ity and Competitiveness Act of 1991’’) after ‘‘Act’’.
Æ