Page:United States Statutes at Large Volume 115 Part 3.djvu/648

 115 STAT. 2722 PROCLAMATION 7449-JUNE 8, 2001 7. Each Pifty shallpennit patent owners to tssigii and transfer bysuccession their patents, uid to conclude licensing contracts. S. A Party may decline to allow use without the authorization of the light holder oft patent. However, where thelaw of a Party allows for use of the subject matter of a patent, other than use allowed under paragri]^4, withoutthe authorization oftherightholder, including use by the governinent or other persons authorized by the govensnent, the Party shall respect the following provisions: A. authorization of such use shall be considered on its individual merits; B. such use maybe permitted only if, prior to such use, the proposed user has made effortsto obtain authorization from the right holder on reasonable commercial terms and conditions and such efforts have notbeen successliil within a reasonable period oftime. The requirement to make such efforts may be waived by a Party in the case of a national emergency or other circumstances of extreme urgency or in cases of public non-commercial use. In situations of national emergency or other circumstances of extreme urgency, the right holder shall, nevertheless, be notified as soon as reasonably practicable In the case ofpublic non-commercial use, where the government or contraaor, without making a patent search, knows or has demonstrable grounds to know that a valid patent is or will be used by orforthe government, therightholder shall be informed promptly; C the scope and duration ofsuch use shall be limited to the purpose fisr which it was authorized, and in the case of semiconductor technology shall only be for public non-commercial use or to remedy a practice determined after judicial or administrative process to be anti-competitive; D. such use shall be non-exclusive, E such use shall be non-assignable, except with thatpan of the enterprise or goodwill that erijoys such use, F any such use shall be authorized predominamly for the supply of the Party's domestic market. G authorization for such use shall be liable, subject to adequate protection of the legitimate imerests of the persons so authorized, to be terminated if and when the circumstances that led to it ceaseto exist and are unlikely to recur The eempetent authority shall have the authority to review, on petition of an interetied party, the continued existence of these eireumstances. ^"

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