Page:United States Statutes at Large Volume 106 Part 6.djvu/788

This page needs to be proofread.

106 STAT. 5346 PROCLAMATION 6449—JUNE 22, 1992 each Party shall provide in its domestic law and practice the legal means for nationals and companies to prevent trade secrets from being disclosed to, acquired by, or used by others without the consent of the trade secret owner in a manner contrary to honest commercial practices insofar as such information: (1) is not, as a body or in the precise conHguration and assembly of its components, geno-ally known or readily ascertainable; (2) has actual or potential commercial value because it is not generally known or readily ascertainable; and (3) has been subject to reasonable steps under the circumstances to keep it secret (ii) Neither Party shall limit the duration of protection for trade secrets so long as the conditions in paragraph 2(e)(i) of this letter exist (iii) Licensing Neither Party shall discourage or impede voluntary licensing of trade secrets by imposing excessive or discriminatory conditions on such licenses or conditions which dilute the value of trade secrets. (iv) Governmrait Use (1) If a Party requires, as a condition of approving the marketing of pharmaceutical or agricultural chemical products which utilize new chemical entities, the submission of undisclosed test or other data, the origination of which involves a considerable effort, that Party shall protect such data against unfair commercial use. Further, each Party shall protect such data against disclosure except where necessary to protect the public or unless steps are taken to ensure that the data is protected against unfair commercial use. (2) Unless the person submitting the information agrees, the data may not be relied upon for the approval of competing products for a reasonable period of time, taking into account the efforts involved in the origination of the data, their nature, and the «cpenditure . involved in their preparation, and such period of time shall generally be not less than five years from the date of marketing approval. (3) Where a Party relies upon a marketing approval granted by another Party, the - reasonable period of exclusive use of the data submitted in connection with obtaining the approval relied upon shall commence with the date of the first marketing approval relied upon. (f) Enforcement of Intellectual Property Rigfits (i) Each Party shall protect intellectual property rights covered by this letter by means of civil law, criminal law, or administrative law or a combination thereof in conformity with the provisions below. Each Party shall provide effective procedures, and remedies to prevent or stop, within its territory and at Uie border, against any act of infringement, and effective remedies to stop and prevent infringements and to effectively deter frirther infringemfflits. These procedures shall be applied in such a manner as to avoid the creation of obstacles to legitimate trade and provide safeguards against abuse. (ii) Procedures for enforcing intellectual property rights shall be fair and equitable. (iii) Decisions on the merits of a case shall, as a general rule, be in writing and reasoned. They shall be made known at least to the parties to the dispute without undue delay. (iv) Each Party shall provide an opportunity for judicial review of final administrative decisions on the merits of an action concerning the protection of an intellectual property right Subject to jurisdictional provisions in each Party's laws concerning the importance of a case, an opportunity for judicial review of the legal aspects of initial judicial decisions on the merits of a case concerning the protection of an intellectual property right shall also be provided. (v) Notwithstanding the other provisions of paragraph 2(f), when a Party to this Agreement is sued with respect to infringement of an intellectual property right as a result of the use of that right by or for the government, the Party may limit remedies against the government to payment of full compensation to the right-holder. 3. For purposes of this Agreement: