View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1336................................................by JUDICIARY AND RULES
INTELLECTUAL POWER OF ATTORNEY - Adds to existing law to enact the
Intellectual Power of Attorney Act.
01/22 Senate intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Werk
NAYS -- None
Absent and excused -- Stennett
Floor Sponsor - Kelly
Title apvd - to House
02/12 House intro - 1st rdg - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1336 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE INTELLECTUAL PROPERTY POWER OF ATTORNEY ACT; AMENDING TITLE 3 15, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 13, TITLE 15, IDAHO CODE, 4 TO PROVIDE A SHORT TITLE, TO PROVIDE FOR CONSTRUCTION, TO PROVIDE FOR LAW 5 AND EQUITY SUPPLEMENTAL TO THE CHAPTER, TO DEFINE A TERM, TO PROVIDE FOR 6 AN INTELLECTUAL PROPERTY POWER OF ATTORNEY AND TO PROVIDE FOR POWER OF 7 ATTORNEY IN WRITING. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Title 15, Idaho Code, be, and the same is hereby amended 10 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 11 ter 13, Title 15, Idaho Code, and to read as follows: 12 CHAPTER 13 13 INTELLECTUAL PROPERTY POWER OF ATTORNEY ACT 14 PART 1. 15 INTELLECTUAL PROPERTY POWER OF ATTORNEY 16 15-13-101. SHORT TITLE. This chapter shall be known and may be cited as 17 the "Idaho Intellectual Property Power of Attorney Act." 18 15-13-102. CONSTRUCTION. This chapter shall be liberally construed and 19 applied to promote its underlying policies and purposes, those being to sim- 20 plify and standardize the routine use of certain expressions and forms in cer- 21 tain commonly occurring and recurring situations and transactions, and, in the 22 absence of permitted international modification, to promote the uniform opera- 23 tion, substantive content and effect of such expressions and forms. 24 15-13-103. LAW AND EQUITY SUPPLEMENTAL TO CHAPTER. Unless displaced by 25 the particular provisions of this chapter, the principles of law and equity 26 shall supplement this chapter's provisions. 27 15-13-104. DEFINITION. In this chapter, "intellectual property" means any 28 artistic, domestic, intellectual, literary, mechanical, scientific or other 29 proprietary interest, information or material. 30 15-13-105. INTELLECTUAL PROPERTY POWER OF ATTORNEY. (1) The power of 31 attorney as to intellectual property shall be general in scope as set forth in 32 this section, or may be limited to specific acts or types of acts or to spe- 33 cifically described or named intellectual properties or to any combination 34 thereof. 35 (2) A general power of attorney granting power regarding intellectual 36 property means that the principal, in connection with, or with respect to, any 37 intellectual property, irrespective of whether any is specifically described 2 1 or named, generally authorizes and empowers the agent to have and to exercise, 2 collectively or singly and concurrently or consecutively, any or more, in com- 3 bination or otherwise, of the following: 4 (a) Abandon, apply for, extend, maintain, modify, receive, renew, secure 5 or terminate any protection by copyright, patent, registration or other 6 mechanism for any composition, design, device, discovery, formula, inven- 7 tion, mark, name, process, program, recipe, service mark, trademark, trade 8 name or other protectable intangible or tangible endeavor or work; 9 (b) Appeal from, compromise, conduct, defend, intervene in, participate 10 in, prosecute, settle or terminate any proceeding before any administra- 11 tive, judicial or other agency, board, body, commission, court, examiner, 12 judge, magistrate, officer or other official or tribunal with jurisdiction 13 of any intellectual property; 14 (c) Arrange or contract for payment or receipt of any charges, fees, roy- 15 alties or other payment for assignment, license, sale, transfer, use or 16 other exploitation of any intellectual property; 17 (d) Deal in and with any business data, business or trade secret, busi- 18 ness method, client or customer list, dealership, franchise, license, man- 19 ufacturing process or other intellectual property; and 20 (e) Otherwise generally to act or decide as to any intellectual property 21 or related circumstances, condition, interest, matter, property, question 22 or transaction as the principal might do or omit to do in person and while 23 competent. 24 15-13-106. POWER OF ATTORNEY IN WRITING. A power of attorney as to intel- 25 lectual property shall be in a writing signed by the principal, but no statu- 26 tory form shall be required.
STATEMENT OF PURPOSE
RS 17571
A companion bill contains the Uniform Power of Attorney Act. In
reviewing the terms of that Act, it was determined that there was
a need for separate provisions regarding the intellectual property
power of attorney, which is greatly different in scope and intent
from typical powers of attorney. This bill is based on an existing
Ohio statute. Other statues, such as Nebraska, which are more
detailed as to specific powers, were reviewed. However, the Ohio
method was deemed to be adequate and gave more flexibility. The
powers that this bill addresses are often used in employment, or
work for hire situations, where the relationships are much
different than a more typical power of attorney may be granted, and
where the principal may change from time to time while the agent
remains the same or where the agent is acquired or otherwise
changes its corporate former status. There are numerous variants
of intellectual powers of attorney which are used by different
industries. This bill gives maximum flexibility to such
variations, while setting basic standards, and clearly authorizing
such powers. The bill also clarifies that such powers will not be
covered by the terms of the Uniform Power of Attorney act once
adopted, but are instead carved out into this specific act.
FISCAL NOTE
This bill will have no fiscal impact.
CONTACT:
Robert L. Aldridge, Trust & Estate Professionals of Idaho, Inc.
Telephone: office: (208) 336-9880 Cell: (208) 631-2481
STATE OF PURPOSE/FISCAL NOTE S 1336