Page:United States Statutes at Large Volume 108 Part 6.djvu/372

 108 STAT. 4940 PUBLIC LAW 103-465—DEC. 8, 1994 2702(b) and (c)), or subsections (c) and (d) of section 203 of the Andean Trade Preference Act (19 U.S.C. 3202(c) and (d)), withdraw, limit or suspend such treatment under such provisions, notwithstanding the provisions of subsection (a)(3) of this section; oi^'. (c) DEFINITION OF AN UNREASONABLE ACT, POLICY, OR PRAC- TICE.— Section 301(d)(3) of the Trade Act of 1974 (19 U.S.C. 2411(d)(3)) is amended— (1) in subparagraph (B)(i) by striking subclauses (II) and (III) and inserting the following: "(II) provision of adequate and effective protection of intellectual property rights notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade- Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Roimd Agreements Act, "(III) nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection, or (IV) market opportunities, including the toleration by a foreign government of systematic anticompetitive activities by enterprises or among enterprises in the forei^ country that have the effect of restricting, on a basis that is inconsistent with commercial considerations, access of United States goods or services to a foreign market,"; and (2) by adding at the end the following: " (F)(i) For the purposes of subparagraph (B)(i)(II), adequate and effective protection of intellectual property rights includes adequate and effective means under the laws of the foreign country for persons who are not citizens or nationals of such country to secure, exercise, and enforce rights and enioy commercial benefits relating to patents, trademarks, copyrights and related rights, mask works, trade secrets, and plant breeder's rights. " (li) For purposes of subparagraph (B)(i)(IV), the denial of fair and equitable nondiscriminatorv market access opportunities includes restrictions on market access related to the use, exploitation, or enjoyment of commercial benefits derived from exercising intellectual property rights in protected works or fixations or products embodying protected works.". (d) TIME LIMITS FOR DETERMINATIONS OF UNFAIR TRADE PRAC- TICES.— Section 304(a) of the Trade Act of 1974 (19 U.S.C. 2414(a)) is amended— (1) in subparagraph (A) of paragraph (2), by striking "(other than the agreement on subsidies and countervaUing measures described in section 2(c)(5) of the Trade Agreements Act of 1979)", (2)(A) in subparagraph (A) of psiragraph (3), by inserting "does not consider that a trade agreement, including the Agreement on Trade-Related Aspects of Intellectual Property (referred to in section 101(d)(15) of the Uruguay Round Agreements Act), is involved or" after "the Trade Representative" the first place it appears, and (B) in subparagraph (B) of paragraph (3), in the matter preceding clause (i), by striking "any investigation initiated

�