Page:United States Statutes at Large Volume 102 Part 5.djvu/670

 102 STAT. 4676

PUBLIC LAW 100-703—NOV. 19, 1988

machine readable data), and the Commissioner may not, on or after the date of the enactment of this Act, continue existing agreements for the exchange of such items or services. The preceding sentence shall not apply to an agreement relating to data for automation programs which is entered into with a foreign government or with an international intergovernmental organization. TITLE II—PATENT MISUSE REFORM SEC. 201. PERMISSIBLE ACTS BY PATENT OWNER.

Section 271(d) of title 35, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof the following: "; (4) refused to license or use any rights to the patent; or (5) conditioned the license of any rights to the patent or the sale of the patented product on the acquisition of a license to rights in another patent or purchase of a separate product, unless, in view of the circumstances, the patent owner has market power in the relevant market for the patent or patented product on which the license or sale is conditioned.". 35 USC 271 note.

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SEC. 202. EFFECTIVE DATE.

The amendment made by this title shall apply only to cases filed on or after the date of the enactment of this Act. Approved November 19, 1988.

LEGISLATIVE HISTORY—H.R. 4972: CONGRESSIONAL RECORD, Vol. 134 (1988): Oct. 5, considered and passed House. Oct. 14, considered and passed Senate, amended. Oct. 20, House concurred in Senate amendment with an amendment. Oct. 21, Senate concurred in House amendment.

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