§ 4301. Definitions
(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, except that such term includes section
45 of this title to the extent that such section
45 of this title applies to unfair methods of competition.
(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—
(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,
(E)
the testing in connection with the production of a product, process, or service by such venture,
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) of this section.
(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) [1] of the National Technology Transfer and Advancement Act of 1995.
(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,
(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.
[1] So in original. Probably should be section “12(d)(5)”.