Page:United States Statutes at Large Volume 105 Part 3.djvu/713

 PROCLAMATION 6307—JUNE 24, 1991 105 STAT. 2597 ^ (C) importation or distribution up to the point of notice of a semiconductor chip incorporating a protected layout-design and products incorporating such chips by a person who establishes that he did not know, and had no reasonable grounds to believe, that the layout-design was protected; provided that, with respect to stock on hand or purchased at the time notice is received, such person may import or distribute only such stock, but is liable for a reasonable royalty on the sale of each item after notice is received. (iii) Term of Protection The term of protection for the lay-out design shall extend for at least ten years from the date of first commercial exploitation or the date of registration of the design, if required, whichever is earlier. (e) Acts Contrary to Honest Commercial Practices and the Protection of Trade Secrets (i) In the course of ensuring effective protection against imfair competition as provided for in Article 10 bis of the Paris Convention, each Party shall provide in its domestic law and practice the legal means for nationals, companies and organizations to prevent trade secrets from being disclosed to, acquired by, or used by others without the consent of the trade secret owner in a manner contrary to honest commercial practices, insofar as such information: (1) is not, as a body or in the precise configuration and assembly of its components, generally known or readily ascertainable; (2) has actual or potential commercial value because it is not generally known or readily ascertainable; and (3) has been subject to reasonable steps under the circumstances to keep it secret. (ii) Neither Party shall limit the diuration of protection for trade secrets so long as the conditions in paragraph 2(e](i] of this letter exist. (iii] Licensing Neither Party shall discourage or impede voluntary licensing of trade secrets by imposing excessive or discriminatory conditions ' on such licenses or conditions which dilute the value of trade secrets. (iv) Government Use (1) If a Party requires, as a condition of approving the marketing of pharmaceutical or agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, that Party shall protect such data against unfair commercial use. Further, each Party shall protect such data against disclosure except where necessary to protect the public or unless steps are taken to ensure that the data is protected against unfair commercial use.

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