Page:United States Statutes at Large Volume 98 Part 3.djvu/636

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 3008

PUBLIC LAW 98-573—OCT. 30, 1984

"(C) measures which fail to provide adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property (including trademarks, patents, and copyrights); "(D) measures which impair access to domestic markets for key commodity products; and "(E) measures which facilitate or encourage anticompetitive market practices or structures; "(3) to obtain commitments that official policy of foreign countries or instrumentalities will not discourage government or private procurement of foreign high technology products and related services; "(4) to obtain the reduction or elimination of all tariffs on, and other barriers to. United States exports of high technology products and related services; "(5) to obtain commitments to foster national treatment; "(6) to obtain commitments to— "(A) foster the pursuit of joint scientific cooperation between companies, institutions or governmental entities of the United States and those of the trading partners of the United States in areas of mutual interest through such measures as financial participation and technical and personnel exchanges, and "(B) ensure that access by all participants to the results of any such cooperative efforts should not be impaired; and "(7) to provide effective minimum safeguards for the acquisition and enforcement of intellectual property rights and the property value of proprietary data. "(d) DEFINITION OF BARRIERS AND OTHER DISTORTIONS.—For purposes of subsection (a), the term 'barriers to, or other distortions of, international trade in services' includes, but is not limited to— "(1) barriers to establishment in foreign markets, and "(2) restrictions on the operation of enterprises in foreign markets, including— "(A) direct or indirect restrictions on the transfer of information into, or out of, the country or instrumentality concerned, and "(B) restrictions on the use of data processing facilities within or outside of such country or instrumentality.". (2) The table of contents for chapter 1 of title I is amended by inserting after the item relating to section 104 the following new item: "Sec. 104A. Negotiating objectives with respect to trade in services, foreign direct investment, and high technology products.". 19 USC 2114b.

SEC. 306. PROVISIONS SERVICES.

RELATING

TO

INTERNATIONAL

TRADE

IN

(a)(1) The Secretary of Commerce shall establish a service industries development program designed to— (A) develop, in consultation with other Federal agencies as appropriate, policies regarding services that are designed to increase the competitiveness of United States service industries in foreign commerce; (B) develop a data base for assessing the adequacy of Government policies and actions pertaining to services, including, but