Page:United States Statutes at Large Volume 105 Part 3.djvu/730

 105 STAT. 2614 PROCLAMATION 6308—JUNE 24, 1991 The use of a trademark in commerce shall not be encumbered 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 Patents shall be granted for all inventions, whether they concern products or processes, in all fields of technology, with the exception of any invention or discovery which is useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon. (ii) Rights Conferred (1) A patent shall confer the right to prevent others not having the patent owner's consent from making, using, or selling the subject matter of the patent. In the case of a patented process, the patent confers the right to prevent others not having consent from using that process and from using, selling, or importing at least the product obtained directly by that process. (2) Where the subject matter of a patent is a process for obtaining a product, each Party shall provide that the burden of establishing that an alleged infringing product was not made by the process shall be on the alleged infringer at least in one of the following situations: (A) the product is new, or [B) a substantial likelihood exists that the product was made by the process and the patent owner has been unable through reasonable ef- forts to determine the process actually used. In gathering and evaluation of evidence to the contrary, the legitimate interests of the defendant in protecting his manufacturing and business secrets shall be taken into account. (iii) Term of Protection The term of protection shall be at least 20 years from the date of filing of the patent application or 17 years from the date of grant of the patent. Each Party is encom-aged to extend the term of patent protection, in appropriate cases, to compensate for delays caused by regulatory approval processes. (iv) Transitional Protection A Party shall provide transitional protection for products embodying subject matter deemed to be impatentable under its patent law prior to its implementation of this Agreement, where the following conditions are satisfied: (1) the subject matter to which the product relates will become patentable after implementation of this Agreement;

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