Page:United States Statutes at Large Volume 115 Part 3.djvu/649

 PROCLAMATION 7449-JUNE 8, 2001 115 STAT. 2723 H. the right holder shall be paid adequate remuneration in the circumstances of each case, taking into account the ecoromic value of the authorization; I. the legal validity of any decision relating to the authorization shall be subject to judicial or other independent review by a distinct higher authority, J. any decision relating to the remuneration provided in respect of such use shall be subject to judicial or other independent review bya distina higher authority, K. the Party shall not be obliged to apply the conditions set out in subparagraphs B and F of this Article where such use is permitted to remedy a practice determined after judicial or administrative process to be anticompetitive. The need to correct anticompetitive practices may be taken iruo account in determining the amount of remuneration in such cases Competent authorities shall havethe authority to refiise termination of authorization if and when the conditions that led to such authorization are likely to recur; and L the Party shall not authorize the use of the subject matter ofa patent to permit the exploitation of another patent except as a remedy for an adjudicated violation of domestic laws r^arding anticompetitive practices. 9 Where the subject matter of a patent is a process for obtaining aproduct, each Party shall, in any infringement proceeding, place on the defendant the burden of establishing that the allegedly infringing product was made by aprocess other than the patented process in one or more of the following situations: A the product obtained by the patented process is new, or B a substantial likelihood exists that the allegedly infringing product was made by the process and the patent owner has been unable through reasoruble efforts to determine the process actually used In the gathering and evaluation of evidence, the legitimate interests of the defendant in protecting its trade secrets shall be taken into account. 10 Each Party shall provide a term of protection for patents that shall not end before the expiration ofa period oftwenty years counted from thedate of filing A Party may extend the term of patent protection, in appropriate cases, to compensate for delays caused by regulatety approval processes. •20^

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