Page:United States Statutes at Large Volume 104 Part 6.djvu/980

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104 STAT. 5370 PROCLAMATION 6175—SEPT. 6, 1990 (b) a patent has been issued for the product in a country which currently grants product patents for that class of inventions; and (c] the product has not been marketed in Czechoslovakia. Czechoslovakia will examine the best means to implement such transitional protection. It is Czechoslovakia's intention to provide owners of products meeting these criteria the right to obtain an exclusive registration to produce and market the product in Czechoslovakia if the patent owner applies for Czechoslovak marketing approval within six months of obtaining the first marketing approval in any country and if the product meets Czechoslovak requirements for marketing approval. The term of the exclusive right to market and produce in Czechoslovakia shall be the same as the unexpired term of the patent in the 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. ' 'Trade secrets" include any formula, 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 valuefromnot being generally known to competitors or in the relevant industry.