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U.S. Code as of:
01/19/04
Section 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.
(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.
(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 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) of this section.
(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.
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