Page:United States Statutes at Large Volume 105 Part 3.djvu/709

 PROCLAMATION 6307—JUNE 24, 1991 105 STAT. 2593 (iv) Tenn of Protection The registration of a trademark shall be indefinitely renewable for terms of no less than 10 years when conditions for renewal have been met. Initial registration of a trademark shall be for a term of at least 10 years. (v) Requirement of Use (1) If use of a registered mark is required to mamtain trademark rights, the registration may be cancelled only after an uninterrupted period of at least two years of nonuse, unless legitimate reasons for non-use exist. Use of the trademark with the consent of the owner shall be recognized as use of the trademark for the purpose of maintaining the registration. (2) Legitimate reasons for non-use shall include non-use due to circimistances arising independently of the will of the trademark holder (such as import restrictions on or other government requirements for products protected by the trademark) which constitute an obstacle to the use of the mark. (vi) Other Requirements The use of a trademark in commerce shall not be encimibered by special requirements, such as use which reduces the function of a trademark as an indication of source or use with another trademark. (vii) Compulsory Licensing Compulsory licensing of trademarks shall not be permitted. (viii) Transfer Trademark registrations may be transferred. (c) Patents (i) Patentable Subject Matter [1] Patents shall be available for all inventions, whether products or processes, in all fields of technology. (2) Parties may exclude from patentability: (A) any invention or discovery which is useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon; and (B] plant and animal varieties. (3) If a Party does not grant patents for plant and/or animal varieties the Party shall provide effective protection through a sui generis system. (4) Notwithstanding paragraphs 2(c](i](2) and 2(c](i](3), (a) patents shall be available for microbiological processes and the products thereof; and (b) Parties may exclude plant and animal varieties from patent protection only until protection for such inventions becomes an obligation under an international agreement to which both Parties adhere. (ii) Rights Conferred

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