39 U.S.C. § 404a — Specific limitations
submitted 20 years ago by Pub. L. 109-435 to r/title-39-POSTAL-SERVICE · 199 words · no verdicts yet
Unless another law allows it, the Postal Service cannot make rules that block competition, force people to hand over patents or trade secrets, or use someone's own information against them to compete with that person. The Postal Regulatory Commission writes rules to enforce this, and anyone who thinks the Postal Service broke this rule can file a complaint.
(a) Unless a law specifically allows it, the Postal Service may not:
- make a rule or standard that would block competition or set the terms of competition, unless it can show the rule doesn't give itself or any entity it funds an unfair edge;
- force anyone to disclose, transfer, or license intellectual property — patents, copyrights, trademarks, trade secrets, or proprietary information — to a third party; or
- take information from someone who offers or wants to offer a product, and then use that information to offer a postal service based on it, without that person's consent — unless the same information is otherwise available from an independent source.
(b) The Postal Regulatory Commission must write regulations to carry out this section.
(c) Anyone — including a Commission officer representing the public — who believes the Postal Service violated this section may file a complaint under section 3662.
Except as specifically authorized by law, the Postal Service may not—
establish any rule or regulation (including any standard) the effect of which is to preclude competition or establish the terms of competition unless the Postal Service demonstrates that the regulation does not create an unfair competitive advantage for itself or any entity funded (in whole or in part) by the Postal Service;
compel the disclosure, transfer, or licensing of intellectual property to any third party (such as patents, copyrights, trademarks, trade secrets, and proprietary information); or
obtain information from a person that provides (or seeks to provide) any product, and then offer any postal service that uses or is based in whole or in part on such information, without the consent of the person providing that information, unless substantially the same information is obtained (or obtainable) from an independent source or is otherwise obtained (or obtainable).
The Postal Regulatory Commission shall prescribe regulations to carry out this section.
Any party (including an officer of the Commission representing the interests of the general public) who believes that the Postal Service has violated this section may bring a complaint in accordance with section 3662.
Source credit: (Added Pub. L. 109–435, title IV, § 403(a), Dec. 20, 2006, 120 Stat. 3226.)
- 2006Enacted · Pub. L. 109-435 · 120 Stat. 3226
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-435 on 2006-12-20.
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