Page:United States Statutes at Large Volume 106 Part 6.djvu/740

This page needs to be proofread.


106 STAT. 5298 PROCLAMATION 6445-nJUNE 15, 1992 time after the implementation of the new Albanian patent law, and Albanian authorities shall accept such submissions for a period of no less than 1 year from the date of implementation of the law. In the case of a pending application, the applicant shall notify the competent Albanian authorities of the issuance of a patent based on his application within six months of the date of grant by the other Party. The Party providing transitional protection shall limit the right to make, use, or sell the product in its territory to such owner for a term to expire with that of the patent submitted. Such protection may be implemented through a conHrmation patent system. (vi) Compulsory Licenses (1) Each Party may limit the patent owner's exclusive rights through compulsory licenses but only: (A) to remedy an adjudicated complaint based on competition laws; (B) to address, only during its existence, a declared national emergency; and (C) to enable compliance with national air pollutant standards, where compulsory licenses are essential to such compliance. (2) Where the law of a Party allows for the grant of compulsory licenses, such licenses shall be granted in a manner which minimizes distortions of trade, and the following provisions shall be respected: (A) Compulsory licenses shall be non-exclusive and non-as- signable except with that part of the enterprise or goodwill which exploits such license. (B) The payment of remuneration to the patent owner adequate to compensate the patent owner fully for the license shall be required, except for compulsory licenses to remedy adjudicated violations of competition law. (C) Each case involving the possible grant of a compulsory license shall be considered on its individual merits. (D) Any compulsory license shall be revoked when the circumstances which led to its granting cease to exist, taking into account the legitimate interests of the patent owner and of the licensee. The continued existence of these circumstances shall be reviewed upon request of the patent owner. (E) Judicial review shall be available for: (1) decisions to grant compulsory licenses, except in the instance of a declared national emergency, (2) decisions to continue compulsory licenses, and (3) the compensation provided for compulsory licenses, (d) Layout-Designs of Semiconductor Chips (i) Subject Matter for Protection (1) Each Party shall provide protection for original layout-de- signs incorporated in a semiconductor chip, however the layout-design might be fixed or encoded. (2) Each Party may condition protection on fixation or registration of the layout-designs. If registration is required, applicants shall