Page:United States Statutes at Large Volume 112 Part 3.djvu/563

 PUBLIC LAW 105-271 —OCT. 19, 1998 112 STAT. 2393 (d) INTELLECTUAL PROPERTY RIGHTS. —This Act does not affect, abrogate, amend, or alter any right in a patent, cop3ndght, semiconductor mask work, trade secret, trade name, trademark, or service mark, under any Federal or State law. (e) INJUNCTIVE RELIEF.—Nothing in this Act shall be deemed to preclude a claimant from seeking injunctive relief with respect to a year 2000 statement. SEC. 7. APPLICABILITY. (a) EFFECTIVE DATE.— (1) IN GENERAL.— Except as otherwise provided in this section, this Act shall become effective on the date of enactment of this Act. (2) APPLICATION TO LAWSUITS PENDING. —T h is Act shall not affect or apply to any lawsuit pending on July 14, 1998. (3) APPLICATION TO STATEMENTS AND DISCLOSURES.—Except as provided in subsection (b)— (A) this Act shall apply to any year 2000 statement made beginning on July 14, 1998 and ending on July 14, 2001; and (B) this Act shall apply to any year 2000 readiness disclosure made beginning on the date of enactment of this Act and ending on July 14, 2001. (b) PREVIOUSLY MADE READINESS DISCLOSURE. — (1) IN GENERAL. —For the purposes of section 4(a), a person or entity that issued or pubhshed a year 2000 statement after January 1, 1996, and before the date of enactment of this Act, may designate that year 2000 statement as a year 2000 readiness disclosure if— (A) the year 2000 statement complied with the requirements of section 3(9) when made, other than being clearly designated on its face as a disclosure; and (B) within 45 days after the date of enactment of Deadline, this Act, the person or entity seeking the designation— (i) provides individual notice that meets the requirements of paragraph (2) to all recipients of the applicable year 2000 statement; or (ii) prominently posts notice that meets the requirements of paragraph (2) on its year 2000 Internet website, commencing prior to the end of the 45-day period under this subparagraph and extending for a minimum of 45 consecutive days and also uses the same method of notification used to originally provide the applicable year 2000 statement. (2) REQUIREMENTS.— ^A notice under paragraph (1)(B) shall— (A) state that the year 2000 statement that is the subject of the notice is being designated a year 2000 readiness disclosure; and (B) include a copy of the year 2000 statement with a legend labeling the statement as a "Year 2000 Readiness Disclosure". (c) EXCEPTION. —No designation of a year 2000 statement as a year 2000 readiness disclosure under subsection (b) shall apply with respect to any person or entity that— (1) proves, by clear and convincing evidence, that it reUed on the year 2000 statement prior to the receipt of notice

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