118 STAT. 663 PUBLIC LAW 108–237—JUNE 22, 2004 SEC. 103. DEFINITIONS. Section 2 of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4301) is amended— (1) in subsection (a) by adding at the end the following: ‘‘(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 intellec tual property policies of the standards development organiza tion. ‘‘(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 Act, 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) of the National Technology Transfer and Advancement Act of 1995. ‘‘(10) The term ‘voluntary consensus standard’ has the meaning given such term in Office of Management and Budget Circular Number A–119, as revised February 10, 1998.’’; and (2) by adding at the end the following: ‘‘(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 vol untary consensus standard, or using such standard in con formity assessment activities. ‘‘(2) Entering into any agreement or engaging in any other conduct that would allocate a market with a competitor. ‘‘(3) Entering into any agreement or conspiracy that would set or restrain prices of any good or service.’’. SEC. 104. RULE OF REASON STANDARD. Section 3 of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4302) is amended by striking ‘‘of any person in making or performing a contract to carry out a joint venture shall’’ and inserting the following: ‘‘of— ‘‘(1) any person in making or performing a contract to carry out a joint venture, or ‘‘(2) a standards development organization while engaged in a standards development activity, shall’’. SEC. 105. LIMITATION ON RECOVERY. Section 4 of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4303) is amended—
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