A bill to amend title 35, United States Code, to protect intellectual property rights, and for other purposes.

Title I: Omnibus Intellectual Property Rights Improvement Act of 1987 - Subtitle A: Intellectual Property Reform Act of 1987 - States that licensing a patent, trade secret, or copyright is not illegal per se under the antitrust laws.

Amends the patent laws to make it an infringement of patent to use, sell, or import into the United States without authority a product produced by a process patented in the United States. Requires the infringer to know or be on notice that the product was made by a process patented in the United States before a process patent holder may recover damages.

Places the burden of proof in an infringement action to show that product was not produced by the patented process on the defendant.

Amends the patent laws to extend the terms of patents which encompass specified products or methods for using a product, including methods of manufacturing, any of which are subject to certain nonpatent regulatory review periods. Sets forth the terms and conditions of such extension, including a five-year limitation on the extension and a 25-year maximum patent term from the earliest filing.

Directs the Commissioner of Patents to notify the appropriate Federal agency upon receipt from a product sponsor of a notice of extension. Requires the notified agency to determine the applicable regulatory review period. Permits the appropriate Secretary or Administrator to establish fees to cover review costs.

Directs the Commissioner, upon a final determination of the applicable regulatory review period, to issue the owner of record of a patent a certificate of extension stating the fact and length of the extension and identifying the product and the use and the claim to which such extension is applicable. Makes such certificate a part of the original patent.

Restricts the disclosure of any data submitted during the regulatory review period which is designated as a trade secret or confidential.

Limits the application of such patent term extension to patents for: (1) any new animal drug or antibiotic subject to regulation under the Federal Food, Drug, and Cosmetic Act; (2) any veterinary biological product subject to regulation under the Virus-Serum-Toxin Act; (3) any pesticide subject to regulation under the Federal Insecticide, Fungicide, and Rodenticide Act; and (4) any chemical substance or mixture subject to regulation under the Toxic Substances Control Act.

Amends the Federal Food, Drug, and Cosmetic Act to exempt from investigative reporting requirements certain new animal drugs which are bioequivalent to animal drugs already approved.

Amends the patent laws to specify conduct which does not interfere with a patent owner's entitlement to relief for patent infringement, including refusal to license, excessive or inconsistent royalty fees, and other anticompetitive activities.

States that a licensee shall not be estopped from asserting in a judicial action the invalidity of any patent for which the licensee has obtained a license.

Requires that certain district court actions on the validity of a patent relying upon an unconsidered patent or publication as prior art be considered by the Commissioner for reexamination.

Subtitle B: Freedom of Information Act Amendments of 1987 - Amends the Freedom of Information Act to exempt from agency disclosure requirements: (1) trade secrets or commercial or financial information which is privileged or the disclosure of which would impair the agency's ability to obtain such information in the future, cause substantial harm to the competitive position of the source, or harm an identifiable governmental interest; and (2) technical data that may not be exported without an approval, authorization, or license under Federal export laws.

Subtitle C: Regulation of Commerce in Digital Audio Recording Devices Act of 1987 - Requires digital audio recording devices in commerce to contain a copy-code scanner. Prohibits the deactivation or bypassing of such scanners.

Entitles an aggrieved party to damages which can include actual or statutory damages and impoundment, destruction, or modification of the violating device. Permits the Secretary of Commerce to exempt certain devices used exclusively for legitimate business purposes. Establishes criminal penalties and subjects imports in violation of this Act to seizure and forfeit.

Subtitle D: Effective Dates - Sets forth the effective dates of this title.

Title II: Antitrust Amendments Act of 1987 - Subtitle A: Antitrust Equal Enforcement Act of 1987 - Amends the Clayton Act to direct the court, in an antitrust action, to reduce the claim of any claimant who releases any person from liability by the greatest of: (1) a stipulated amount; (2) the consideration paid for release; or (3) the actual damages fairly allocable to the released person (or treble such damages where the claim is for treble damages) and interest thereon. Requires the court, in an action based on a contract, combination, or conspiracy among competitors, to conclusively presume that a person has been released from liability if: (1) such person has not been joined as a defendant; and (2) the defendant has established that such person is legally or practically available as a party to the action.

Requires damages based on a price-fixing agreement between competitors to be allocated on the basis of: (1) each competitor's proportionate share of the total competitors' overcharges or underpayments where the claim is based on damages sustained by reason of overcharges or payments resulting from a price-fixing agreement; or (2) each party's relative responsibility for the origination or perpetration of the antitrust violation, whichever method the court determines to be more equitable.

Subtitle B: Antitrust Remedies Improvement Act of 1987 - Amends the Clayton Act to reduce the amount recoverable in a private antitrust action from treble to actual damages sustained, except when the damages are sustained by reason of the plaintiff being overcharged or underpaid by the liable party. Requires payment to the prevailing plaintiff in an actual damage case, or a treble damage case under specified circumstances, of interest on actual damages for the period beginning on the date of injury and ending on the date of judgment (prejudgment interest).

Entitles the United States to recover treble damages when it is injured by being overcharged or underpaid by an antitrust violation. Provides for the payment of prejudgment interest on the actual damages recovered by the United States in an antitrust action.

Provides for the payment of prejudgment interest on the total damage recovered in antitrust actions commenced by State attorneys general.

Directs the Court to award the cost of suit, including a reasonable attorney's fee, to a substantially prevailing defendant in a private antitrust action or a private action for injunctive relief against an antitrust violation if the court finds that the plaintiff's conduct was frivolous, unreasonable, without foundation, or in bad faith.

Subtitle C: Foreign Trade Antitrust Improvements Act of 1987 - Amends the Sherman Act to require the court in an antitrust action involving commerce with foreign nations, except for good cause shown, to hear and determine a motion to dismiss the action for lack of subject matter jurisdiction before conducting or permitting the parties to conduct further proceedings.

Amends the Clayton Act to require a court to dismiss any antitrust action involving foreign commerce whenever it determines that the exercise of jurisdiction would be unreasonable primarily on the basis of the following factors: (1) the relative significance of conduct within the United States compared to conduct abroad; (2) the nationality of the parties; (3) the presence of a purpose to affect United States consumers or competitors; (4) the relative significance and foreseeability of the effects of the conduct on the United States compared to the effects abroad; (5) the existence of reasonable expectations that would be furthered or defeated by the action; and (6) the degree of conflict with foreign law or foreign economic policies. Directs the court to hear and determine any motion to dismiss on such basis before conducting further proceedings. Provides that nothing in this Act authorizes the court to consider the effect of an action sought to be dismissed on the foreign political relations of the United States.

Declares that the doctrine of forum non conveniens (providing that a court dismiss a case that should be tried in another more convenient and appropriate forum) shall be applicable in any antitrust action involving foreign commerce.

Subtitle D: Interlocking Directorate Act of 1987 - Amends the Clayton Act to prohibit any person from serving as a director in two or more corporations if each (currently, any) of such corporations has capital, surplus, and undivided profits aggregating more than $10,000,000 (currently, $1,000,000). Establishes exceptions to such interlocking directorate prohibition where the sales of each corporation of each product or service sold in competition with the other corporation's: (1) are less than five percent of such corporation's total sales, unless such corporation's sales of all such products or services exceed 25 percent of its total sales; (2) added to such corporation's sales of all other such products or services are less than $1,000,000; or (3) are less than three percent of the total sales in each line of commerce in each section of the country in which such corporations compete. Increases the $10,000,000 and $1,000,000 threshold amounts by the percentage increase in the gross national product for the preceding fiscal year.

Subtitle E: Merger Modernization Act of 1987 - Amends the Clayton Act to revise the standard of anticompetitive effects required to prohibit a merger. Prohibits a merger if there is a significant probability that the merger will substantially increase the ability to exercise market power. Defines "the ability to exercise market power" as the ability of one or more firms to maintain prices above competitive levels profitably for a significant period of time.

Directs the courts, in determining whether a merger will substantially increase the ability of a firm to exercise market power, to consider all economic factors relevant to the affected markets, including: (1) the difficulty of entry by foreign or domestic firms into the market; (2) efficiencies derived from the merger; and (3) any other evidence indicating whether the merger will increase the ability to exercise market power.

Title III: Worker Readjustment Act - Authorizes appropriations to carry out this subtitle for FY 1988 and succeeding fiscal years. Reserves specified amounts of such funds for use under specified parts of this subtitle.

Part 1: Service Delivery System and Basic Program Requirements - Subpart A: Service Delivery System - Sets forth provisions for agreements between the Secretary of Labor and State Governors to carry out this subtitle.

Requires each State to ensure the establishment of a rapid response capability to respond to significant dislocation events. Provides that such capability shall assess the need for and initially provide early readjustment assistance, including activities associated with the formation of joint labor-management committees. States that such capability may also include: (1) incentives to encourage employers to give early notification of dislocation events; (2) emergency assistance centers geared to individual plant closings; (3) the development of direct delivery teams; and (4) the development of a system for early identification of prospective dislocation events.

Requires each State to establish linkages between the unemployment compensation system and the worker readjustment program system.

Sets forth provisions for designation of substate areas, substate grantees, and substate plans.

Sets forth the responsibilities of State training and employment councils and private industry councils.

Designates as eligible for services individuals who: (1) have been terminated or laid off or have received a notice of termination or layoff from employment, are eligible for or have exhausted their entitlement to unemployment compensation, and are unlikely to return to their previous industry or occupation; (2) have been terminated or have received notice of termination of employment, as a result of any permanent closure of a plant or facility; (3) are long-term unemployed (at least 15 weeks) and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which they reside, including any older individuals; or (4) were self-employed (including farmers and ranchers) and are unemployed as a result of general economic conditions in the community in which they reside or because of natural disasters.

Provides that participation by any individual in programs authorized under this subtitle shall be deemed to be acceptance of training with the approval of the State within the meaning of any other provision of Federal law relating to unemployment benefits.

Sets forth provisions relating to the authority of the State legislature and interstate agreements.

Subtitle B: Additional Program Requirements - Sets forth general program provisions, labor standards, labor consultation requirements, grievance procedures, and nondiscrimination provisions.

Subpart C: Federal Fiscal and Administrative Provisions - Sets forth provisions relating to fund obligation, monitoring, fiscal controls, sanctions, reports, recordkeeping, investigations, administrative adjudication, judicial review, administrative provisions, utilization of services and facilities, and appeals.

Part 2: Basic Readjustment Services - Directs the Secretary to allot funds for part 1 and this part among States according to relative numbers of: (1) unemployed individuals; (2) excess unemployed individuals; and (3) individuals who have been unemployed for 15 weeks or more. Authorizes the Governor to retain: (1) up to ten percent of the State allotment, or a minimum amount established by the Secretary, for overall State-level administration, technical assistance, coordination, and early notification and rapid response activities; and (2) an additional amount up to ten percent of the State allotment, or a minimum amount established by the Secretary, to be allotted at the discretion of the Governor for activities allowable under parts 1, 2, or 3. Directs the Governor to allocate the remainder of the State allotment to all substate areas for basic readjustment services, based on an allocation formula which utilizes the most appropriate information to distribute amounts to address the State's worker readjustment assistance needs.

Sets forth provisions for selection of service providers.

Provides that basic readjustment services and activities may include: (1) development of individual readjustment plans for participants; (2) implementation of voluntary early notification procedures; (3) rapid response capability which may include rapid response contingency grants for planning and administrative expenses involved in developing effective programmatic responses to dislocation events; (4) early readjustment assistance; (5) counseling; (6) testing; (7) orientation; (8) assessment, including evaluation of educational attainment and participant interests and aptitudes; (9) determination of occupational skills; (10) provision of future world-of-work and occupational information; (11) job placement assistance; (12) labor market information; (13) job clubs; (14) local job search; (15) job development; (16) self-directed job search; and (17) retraining services.

Authorizes the substate grantee to provide appropriate supportive services.

Sets forth cost limitations and reallotment and reallocation provisions.

Part 3: Worker Readjustment Training Program - Directs the Secretary to allot funds for this part according to an annual availability target for each State.

Sets forth cost limitations.

Authorizes substate grantees to provide appropriate supportive services.

Provides that training services may include: (1) entrepreneurial training; (2) classroom training; (3) occupational skill training; (4) on-the-job training; (5) out-of-area job search; (6) relocation; (7) basic and remedial education; (8) literacy and English for non-English speakers training; and (9) other appropriate training activities directly related to appropriate employment opportunities. Prohibits use of funds for public services employment or work experience.

Sets forth requirements for readjustment training plans.

Provides that eligible readjustment training participants shall receive retraining services, a voucher, or a certificate of continuing eligibility.

Part 4: National Reserve Program - Provides that funds under this part may be used to provide services of the type described in parts 2 and 3 in the following circumstances: (1) mass layoffs caused by natural disasters, when the workers are not expected to return to their previous occupations; (2) other mass layoffs; (3) industrywide projects; and (4) multistate projects. Provides that such funds may also be used to provide such services whenever the Secretary, with the agreement of the Governor, determines that an emergency exists with respect to any particular distressed industry or area. Provides that up to five percent of such funds may be used to provide staff training and technical assistance services to States, communities, businesses, and labor organizations, and other entities involved in providing adjustment assistance to workers.

Authorizes the Secretary to provide such services under proposals for financial assistance.

Directs the Secretary to establish a Federal Worker Readjustment Advisory Council to review information on worker dislocation and the performance of programs operated under this subtitle.

Part 5: Miscellaneous Provisions - Amends the Job Training Partnership Act (JTPA) to change the name of the State job training coordinating council to the State Training and Employment Council. Revises provisions for membership on private industry councils and the State Training and Employment Council to provide that in making appointment of private sector members recognition should be given to council responsibilities under the Wagner-Peyser Act and consideration given to appointing members of the business community who have served in an advisory capacity in providing employment services. Revises the formula for membership on the State Training and Employment Council.

Authorizes the Secretary to implement appropriate procedures to terminate activities under title III (Employment and Training Assistance for Dislocated Workers) of JTPA and to provide for an orderly transition to the activities authorized under this subtitle. Ends funding for title III of JTPA at the end of FY 1987.

Amends the Wagner-Peyser Act to require the private industry council to review and evaluate the provision of public employment services in a service delivery area and to provide policy guidance with respect to local labor market conditions and needs. Requires the State Training and Employment Council to review, monitor, and evaluate the activities of the State in providing public employment services.

Amends the Internal Revenue Code to provide for Federal unemployment tax credits for employers who give advance notice of plant closings or mass layoffs. Allows States to give similar credits.

Sets criminal penalties for embezzlement from employment and training funds, for improper inducement, and for obstructing investigations.

Repeals title III of JTPA on October 1, 1988, or one year following the date of enactment of this subtitle, whichever is later.

Title IV: Racketeer Influenced and Corrupt Organizations - Amends the Racketeer Influenced and Corrupt Organizations (RICO) statute to provide that civil actions may not be brought by an individual under such Act unless the defendant has been convicted of a RICO violation or of two acts of racketeering activity included in the pattern of racketeering activity alleged in the complaint. States that no damages may be recovered for pain and suffering. Requires such action to be commenced within two years after the date of the latest criminal conviction.