Page:United States Statutes at Large Volume 107 Part 3.djvu/759

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PROCLAMATION 6577-^JULY 2, 1993 107 STAT. 2697 Each Party shall provide a term of protection of at least 20 years from the date of filing of the patent application or 17 years from the date of grant of the patent. Each Party is encouraged to extend the term of patent protection, in appropriate cases, to compensate for delays caused by regulatory approval processes. (v) Transitional Protection A Party shall provide transitional protection for products embodying subject matter deemed to be unpatentable under its patent law prior to its implementation of the provisions of this letter, where the following conditions are satisfied: (1) the subject matter to which the product relates will become patentable after implementation of the provisions of this letter; and (2] a patent has been issued for the product by the other Party prior to the entry into force of the Agreement; and (3) the product has not been marketed in the territory of the Party providing such transitional protection. The ov^rner of a patent for a product satisfying the conditions set forth above shall have the right to submit a copy of the patent to the competent authority of the Party providing transitional protection. Such Party 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. (vi) Compulsory Licenses Each Party may limit the patent owner's exclusive rights through compulsory licenses but only (1) to remedy an adjudicated violation of competition laws, (2) to address, only during its existence, a declared national emergency, and (3) to enable compliance with national air pollutant standards, where compulsory licenses are essential to such compliance. Where the law of a Party allows for the grant of compulsory licenses, the following provi dons shall be respected: (1) Compulsory licenses shall be non-exclusive and non-assignable except with that part of the enterprise which exploits such license. (2) 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. (3] Each case involving the possible grant of a compulsory license shall be considered on its individual merits except that such consideration may be waived in cases of a declared national emergency. (4) 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. (5) Judicial review shall be available for: (a) Decisions to grant compulsory licenses, except in the instance of a declared national emergency, (b) decisions to continue compulsory licenses, and (c) decisions concerning the amount of compensation provided for compulsory licenses. • (d) Layout-Designs of Semiconductor Integrated Circuits (i) Subject Matter for Protection (1) Each Party shall provide protection for original layout-designs incorporated in a semiconductor integrated circuit, however the layout-design might be fixed or encoded. (2) Each Party may condition protection on fixation or registration of the layoutdesigns. If registration is required, applicants shall be given at least two years from first