{"identifier":"/us/usc/t15/s4301","title":15,"num":"\u00a7\u202f4301.","heading":"Definitions","text":"\u00a7\u202f4301.\nDefinitions\n(a) For purposes of this chapter:\n(1) The term \u201cantitrust laws\u201d has the meaning given it in subsection (a) of\nsection 12 of this title\nsection 45 of this title\nsection 45 of this title\n(2) The term \u201cAttorney General\u201d means the Attorney General of the United States.\n(3) The term \u201cCommission\u201d means the Federal Trade Commission.\n(4) The term \u201cperson\u201d has the meaning given it in subsection (a) of\nsection 12 of this title\n(5) The term \u201cState\u201d has the meaning given it in\nsection 15g(2) of this title\n(6) The term \u201cjoint venture\u201d means any group of activities, including attempting to make, making, or performing a contract, by two or more persons for the purpose of\u2014\n(A) theoretical analysis, experimentation, or systematic study of phenomena or observable facts,\n(B) the development or testing of basic engineering techniques,\n(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,\n(D) the production of a product, process, or service,\n(E) the testing in connection with the production of a product, process, or service by such venture,\n(F) the collection, exchange, and analysis of research or production information, or\n(G) any combination of the purposes specified in subparagraphs (A), (B), (C), (D), (E), and (F),\nand 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).\n(7) The term \u201cstandards development activity\u201d 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.\n(8) The term \u201cstandards development organization\u201d 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\u2013119, as revised\nFebruary 10, 1998\n(9) The term \u201ctechnical standard\u201d has the meaning given such term in section 12(d)(4)\n1\n1 So in original. Probably should be section \u201c12(d)(5)\u201d.\n(10) The term \u201cvoluntary consensus standard\u201d has the meaning given such term in Office of Management and Budget Circular Number A\u2013119, as revised\nFebruary 10, 1998\n(b) The term \u201cjoint venture\u201d excludes the following activities involving two or more persons:\n(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,\n(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\u2014\n(A) the distribution among the parties to such venture, in accordance with such venture, of a product, process, or service produced by such venture,\n(B) the marketing of proprietary information, such as patents and trade secrets, developed through such venture formed under a written agreement entered into before\nJune 10, 1993\n(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\nJune 10, 1993\n(3) entering into any agreement or engaging in any other conduct\u2014\n(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\n(B) to restrict or require participation by any person who is a party to such venture in other research and development activities,\nthat 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,\n(4) entering into any agreement or engaging in any other conduct allocating a market with a competitor,\n(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,\n(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,\n(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\n(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.\n(c) The term \u201cstandards development activity\u201d excludes the following activities:\n(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.\n(2) Entering into any agreement or engaging in any other conduct that would allocate a market with a competitor.\n(3) Entering into any agreement or conspiracy that would set or restrain prices of any good or service.","url":"https://projectusc.org/usc/t15/s4301.html","content":[{"t":"sec","id":"/us/usc/t15/s4301","children":[{"t":"num","text":"\u00a7\u202f4301."},{"t":"heading","text":"Definitions"},{"t":"subsec","id":"/us/usc/t15/s4301/a","children":[{"t":"num","text":"(a)"},{"t":"chapeau","text":" For purposes of this chapter:"},{"t":"para","id":"/us/usc/t15/s4301/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The term \u201cantitrust laws\u201d has the meaning given it in subsection (a) of ","children":[{"t":"ref","text":"section 12 of this title","href":"/us/usc/t15/s12","tail":", except that such term includes "},{"t":"ref","text":"section 45 of this title","href":"/us/usc/t15/s45","tail":" to the extent that such "},{"t":"ref","text":"section 45 of this title","href":"/us/usc/t15/s45","tail":" applies to unfair methods of competition."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" The term \u201cAttorney General\u201d means the Attorney General of the United States.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The term \u201cCommission\u201d means the Federal Trade Commission.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/a/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" The term \u201cperson\u201d has the meaning given it in subsection (a) of ","children":[{"t":"ref","text":"section 12 of this title","href":"/us/usc/t15/s12","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/a/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" The term \u201cState\u201d has the meaning given it in ","children":[{"t":"ref","text":"section 15g(2) of this title","href":"/us/usc/t15/s15g/2","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/a/6","children":[{"t":"num","text":"(6)"},{"t":"chapeau","text":" The term \u201cjoint venture\u201d means any group of activities, including attempting to make, making, or performing a contract, by two or more persons for the purpose of\u2014"},{"t":"subpara","id":"/us/usc/t15/s4301/a/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" theoretical analysis, experimentation, or systematic study of phenomena or observable facts,","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4301/a/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the development or testing of basic engineering techniques,","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4301/a/6/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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,","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4301/a/6/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" the production of a product, process, or service,","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4301/a/6/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" the testing in connection with the production of a product, process, or service by such venture,","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4301/a/6/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" the collection, exchange, and analysis of research or production information, or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4301/a/6/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" any combination of the purposes specified in subparagraphs (A), (B), (C), (D), (E), and (F),","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"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).","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/a/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" The term \u201cstandards development activity\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/a/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" The term \u201cstandards development organization\u201d 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\u2013119, as revised ","children":[{"t":"text","text":"February 10, 1998","tail":". The term \u201cstandards development organization\u201d shall not, for purposes of this chapter, include the parties participating in the standards development organization."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/a/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" The term \u201ctechnical standard\u201d has the meaning given such term in section 12(d)(4)\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Probably should be section \u201c12(d)(5)\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be section \u201c12(d)(5)\u201d.","tail":" of the National Technology Transfer and Advancement Act of 1995."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/a/10","children":[{"t":"num","text":"(10)"},{"t":"content","text":" The term \u201cvoluntary consensus standard\u201d has the meaning given such term in Office of Management and Budget Circular Number A\u2013119, as revised ","children":[{"t":"text","text":"February 10, 1998","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s4301/b","children":[{"t":"num","text":"(b)"},{"t":"chapeau","text":" The term \u201cjoint venture\u201d excludes the following activities involving two or more persons:"},{"t":"para","id":"/us/usc/t15/s4301/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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,","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/b/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" 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\u2014"},{"t":"subpara","id":"/us/usc/t15/s4301/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the distribution among the parties to such venture, in accordance with such venture, of a product, process, or service produced by such venture,","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4301/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the marketing of proprietary information, such as patents and trade secrets, developed through such venture formed under a written agreement entered into before ","children":[{"t":"text","text":"June 10, 1993","tail":", or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4301/b/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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 ","children":[{"t":"text","text":"June 10, 1993","tail":","}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/b/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" entering into any agreement or engaging in any other conduct\u2014"},{"t":"subpara","id":"/us/usc/t15/s4301/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s4301/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" to restrict or require participation by any person who is a party to such venture in other research and development activities,","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"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,","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/b/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" entering into any agreement or engaging in any other conduct allocating a market with a competitor,","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/b/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" 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,","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/b/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" 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,","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/b/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/b/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s4301/c","children":[{"t":"num","text":"(c)"},{"t":"chapeau","text":" The term \u201cstandards development activity\u201d excludes the following activities:"},{"t":"para","id":"/us/usc/t15/s4301/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" Entering into any agreement or engaging in any other conduct that would allocate a market with a competitor.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s4301/c/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" Entering into any agreement or conspiracy that would set or restrain prices of any good or service.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}