Page:United States Statutes at Large Volume 104 Part 6.djvu/977

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PROCLAMATION 6175—SEPT. 6, 1990 1©4 STAT. 5367 kia shall be the same as the unexpired term of the patent in t^ country of original registration. D. Protection of Trade Secrets Protection will be provided for trade secrets,^ whether such a trade secret is of a technical or commercial nature, provided that it: (a) has actual or potential commercial value from not being known to the relevant public; (b) is not readily accessible in a lawful manner; and (c) has been subject to reasonable efforts, under the circumstances, by the rightful owner to maintain its secrecy. The appropriation, disclosure, and use of trade secrets without the consent of the owner shall be unlawful. Protection of trade secrets shall be available so long as the conditions set forth above are met. The voluntary licensing of trade secrets shall not be impeded or discouraged by the imposition of excessive or discriminatory conditions on such licenses or conditions which dilute the value of the trade secrets. If the Government of Czechoslovakia requires that trade secrets be submitted to carry out governmental functions, then that trade secret shall not be used for the commercial or competitive benefit of the government or of any person other than the owner of the trade secret, except with the owner's consent, on payment of the reasonable value of the use, or if a reasonable period of exclusive use is given to the trade secret owner. The Parties may disclose such trade secrets, or require that the owner of the trade secrets disclose them to third parties, only with the owner's consent or to the degree required to carry out necessary government functions; or to protect human health or safety or to protect the environment when the owner is given an opportunity to enter into confidentiality agreements with any non-governmental agency receiving the trade secrets to prevent further disclosure. I have the further honor to communicate to you my understanding that this letter and your letter of confirmation in reply, constitute an integral part of the Agreement. Sincerely, Carta A. Hills Dr. Andrej Barcak

Minister of Foreign Trade Washington, 12 April 1990 Dear Ambassador Hills: I have the honor to confirm receipt of your letter which reads as follows: ' "Trade secrets" include any fonnula, device, compilation of information, computer program, pattern, technique or process that is used or could be used in the trade secret owner's business and has actual or potential economic value from not being generally known to competitors or in the relevant industry.