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On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided below.
Patents – Section 325 Biological Product Patent Transparency
42 USC § 262(k) was amended to require that the US Food and Drug Administration (FDA) provide the public with more information about patented biological products. Within six months, the FDA must make the following information available to the public on its Database of Licensed Biological Products or “Purple Book,” and it must update the list every 30 days:
IP Implications of the Consolidated Appropriations Act, 2021 Thursday, January 14, 2021
On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided below.
Patents – Section 325 Biological Product Patent Transparency
42 USC § 262(k) was amended to require that the US Food and Drug Administration (FDA) provide the public with more information about patented biological products. Within six months, the FDA must make the following information available to the public on its Database of Licensed Biological Products or “Purple Book,” and it must update the list every 30 days:
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The COVID-19 relief package enacted on December 27, 2020, added two important new protections for copyright owners and content providers namely, the Copyright Alternative in Small-Claims Enforcement (CASE) Act and the Protecting Lawful Streaming Act.
The Streaming Act authorizes significant prison sentences and steep fines for commercial, for-profit streaming piracy services. The Act applies to services that were designed for streaming without the authority of the copyright owner, have no significant purpose besides unauthorized streaming, or are intentionally marketed to promote unauthorized streaming. Although it does not apply to individuals who use pirate streaming services, normal practices by online service providers, good faith business disputes or non-commercial activities, it provides an important new tool for thwarting the estimated $30 billion in annual losses due to criminal streaming services.
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Included in the $2.3 trillion spending and coronavirus pandemic relief package signed Sunday, December 27th, by President Trump was the Copyright Alternative in Small-Claims Enforcement (CASE) Act, an alternative dispute resolution program that was first approved by the House of Representatives on Oct. 22, 2019.
The CASE Act of 2019, introduced under H.R.2426, creates a Copyright Claims Board to decide copyright disputes from within the U.S. Copyright Office. The legislation Congress passed last week was mostly unchanged from H.R. 2426.
Bypassing Federal Courts
The CASE Act helps parties bypass the current system requiring all copyright litigation to be filed in federal court. Due to the tremendous time and expense associated with federal infringement litigation, many small companies and individuals are discouraged from pursuing small claims for copyright infringement.