Page:United States Statutes at Large Volume 102 Part 2.djvu/176

 102 STAT. 1180

PUBLIC LAW 100-418—AUG. 23, 1988 "(ii) deny fair and equitable market access to United States persons that rely upon intellectual property protection, "(B) whose acts, policies, or practices described in subparagraph (A) have the greatest adverse impact (actual or potential) on the relevant United States products, and '\C) that are not— "(i) entering into good faith negotiations, or "(ii) making significant progress in bilateral or multilateral negotiations, to provide adequate and effective protection of intellectual property rights. "(2) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall— "(A) consult with the Register of Copyrights, the Commissioner of Patents and Trademarks, other appropriate officers of the Federal Government, and "(B) take into account information from such sources as may be available to the Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 181(b) and petitions submitted under section 302. "(3) The Trade Representative may identify a foreign country under subsection (a)(l)(B) only if the Trade Representative finds that there is a factual basis for the denial of fair and equitable market access as a result of the violation of international law or agreement, or the existence of barriers, referred to in subsection (3)(3). "(c) REVOCATIONS AND ADDITIONAL IDENTIFICATIONS.—

"(1) The Trade Representative may at any time— "(A) revoke the identification of any foreign country as a priority foreign country under this section, or "(B) identify any foreign country as a priority foreign country under this section, if information available to the Trade Representative indicates that such action is appropriate. "(2) The Trade Representative shall include in the semiannual report submitted to the Congress under section 309(3) a detailed explanation of the reasons for the revocation under paragraph (1) of the identification of any foreign country as a priority foreign country under this section. "(d) DEFINITIONS.—For purposes of this section— "(1) The term 'persons that rely upon intellectual property protection' means persons involved in— "(A) the creation, production or licensing of works of authorship (within the meaning of sections 102 and 103 of title 17, United States Code) that are copyrighted, or "(B) the manufacture of products that are patented or for which there are process patents. "(2) A foreign country denies adequate and effective protection of intellectual property rights if the foreign country denies ,, adequate and effective means under the laws of the foreign country for persons who are not citizens or nationeds of such foreign country to secure, exercise, and enforce rights relating to patents, process patents, registered trademarks, copyrights and mask works.

�