Page:United States Statutes at Large Volume 105 Part 3.djvu/731

 PROCLAMATION 6308—JUNE 24, 1991 105 STAT. 2615 (2) a patent has been issued for the product by the other Party prior to the entry into force of this Agreement; and (3) the product has not been marketed in the territory of the Party providing such transitional protection. The owner of a patent for a product satisfying the conditions set forth above shall have the right to submit a copy of the patent to the Party providing transitional protection. Such Party shall limit the right to make, use, or sell the product in its territory to such owner for a term to expire with that of the patent submitted. (v) Compulsory Licenses Each Party may limit the patent owner's exclusive rights through compulsory licenses only to remedy an adjudicated violation of competition laws or to address, only during its existence, a declared national emergency. Where the law of a Party allows for the grant of compulsory licenses, such licenses shall be granted in a manner which minimizes distortions of trade, and the following provisions shall be respected: (1) Compulsory licenses shall be non-exclusive and non-assignable except with that part of the enterprise or goodwill which exploits such license. (2) The payment of remuneration to the patent owner adequate to compensate the patent owner fully for the license shall be required, except for compulsory licenses to remedy adjudicated violations of competition law. (3) Each case involving the possible grant of a compulsory license shall be considered on its individual merits. (4) Any compulsory license shall be revoked when the circumstances which led to its granting cease to exist, taking into account the legitimate interests of the patent owner and the licensee. The continued existence of these circumstances shall be reviewed upon request of the patent owner. (5) Decisions to grant or to continue compulsory licenses and the compensation provided for compulsory licenses shall be subject to review by a distinct higher authority. (d) Layout-Designs of Semiconductor Chips (i) Subject Matter for Protection (1) Each Party shall provide protection for original layout-designs incorporated in a semiconductor chip, however the layout-design might be &ced or encoded. (2) Each Party may condition protection on fixation or registration of the layout-designs. If registration is required, applicants shall be given at least two years from first commercial exploitation of the layoutdesign in which to apply. A Party which requires deposits of identifying material or other material related to the layout-design shall not require applicants to disclose confidential or proprietary information unless it is essential to allow identification of the layout-design. (ii) Rights Acquired

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