Page:United States Statutes at Large Volume 105 Part 3.djvu/771

 PROCLAMATION 6320—AUG. 2, 1991 105 STAT. 2655 Protection Against Unfair Competition, Including Protection of Trade Secrets 1. Protection against unfair competition will be implemented in accordance with the provisions of Article lObis and Article lOter of the Paris Convention for the Protection of Industrial Property. 2. Trade secrets include any formula, device, compilation of information, computer program, pattern, technique or process that is used or could be used in the owner's business and has actual or potential economic value from not being generally known. 3. A trade secret shall be protected whether such trade secret is of a technical or commercial natiu'e, provided that it: (3.1) has actual or potential commercial value from not being known to the relevant public; (3.2} is not readily accessible in a lawful manner; and (3.3) has been subject to appropriate measures to keep it secret. The frade secret shall be protected as long as these conditions exist. 4. The appropriation, disclosure, and use of a frade secret without the consent of the owner shall be unlawful. 5. Efforts to commercially exploit the frade secret shall not be hindered or impeded by imposing excessive or discriminatory conditions or conditions that dilute the value of the frade secret. II. The Government of the U.S.S.R. shall provide for a review of the following issues concerning protection of sound recordings: 1. Recognizing that the United States provides a longer term of protection for soimd recordings than is in the current draft proposal of the U.S.S.R., the Government of the U.S.S.R. commits to review the question of including in the appropriate draft legislation which must be presented to the Supreme Soviet of the U.S.S.R. in 1990, a provision to provide to producers of sound recordings, a term of protection for fifty (50) years from the date of first publication of the sound recording. 2. Recognizing that the United States adheres to the Geneva Phonograms Convention, the Government of the U.S.S.R. commits to review immediately after enactment of sound recording protection, its adherence to that Convention. III. The Government of the U.S.S.R. shall provide for a review of protection for inventions, as follows: 1. The Government of the U.S.S.R. xmdertakes to examine further paragraph 3 of Article 30 of the draft law "On Invention in the U.S.S.R." and to consider possible submission of proposals to the Supreme Soviet. 2. The Government of the U.S.S.R. and the Government of the United States agree to seek mutually acceptable provisions on compulsory licensing of patents in the working group provided for in paragraph 5 of Article VIII of the Agreement. Both sides will present proposals on provisions for compulsory licensing that will be fully considered by the working group including the following: (2.1) A compulsory license to supply domestic needs may be given if: (2.1.1) the license only permits local making of the patented invention; (2.1.2) the license is granted to one qualified to make the invention;

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