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U.S. Code as of:
01/19/04
Section 914. International transitional provisions
(a) Notwithstanding the conditions set forth in subparagraphs (A)
and (C) of section 902(a)(1) with respect to the availability of
protection under this chapter to nationals, domiciliaries, and
sovereign authorities of a foreign nation, the Secretary of
Commerce may, upon the petition of any person, or upon the
Secretary's own motion, issue an order extending protection under
this chapter to such foreign nationals, domiciliaries, and
sovereign authorities if the Secretary finds -
(1) that the foreign nation is making good faith efforts and
reasonable progress toward -
(A) entering into a treaty described in section 902(a)(1)(A);
or
(B) enacting or implementing legislation that would be in
compliance with subparagraph (A) or (B) of section 902(a)(2);
and
(2) that the nationals, domiciliaries, and sovereign
authorities of the foreign nation, and persons controlled by
them, are not engaged in the misappropriation, or unauthorized
distribution or commercial exploitation, of mask works; and
(3) that issuing the order would promote the purposes of this
chapter and international comity with respect to the protection
of mask works.
(b) While an order under subsection (a) is in effect with respect
to a foreign nation, no application for registration of a claim for
protection in a mask work under this chapter may be denied solely
because the owner of the mask work is a national, domiciliary, or
sovereign authority of that foreign nation, or solely because the
mask work was first commercially exploited in that foreign nation.
(c) Any order issued by the Secretary of Commerce under
subsection (a) shall be effective for such period as the Secretary
designates in the order, except that no such order may be effective
after the date on which the authority of the Secretary of Commerce
terminates under subsection (e). The effective date of any such
order shall also be designated in the order. In the case of an
order issued upon the petition of a person, such effective date may
be no earlier than the date on which the Secretary receives such
petition.
(d)(1) Any order issued under this section shall terminate if -
(A) the Secretary of Commerce finds that any of the conditions
set forth in paragraphs (1), (2), and (3) of subsection (a) no
longer exist; or
(B) mask works of nationals, domiciliaries, and sovereign
authorities of that foreign nation or mask works first
commercially exploited in that foreign nation become eligible for
protection under subparagraph (A) or (C) of section 902(a)(1).
(2) Upon the termination or expiration of an order issued under
this section, registrations of claims of protection in mask works
made pursuant to that order shall remain valid for the period
specified in section 904.
(e) The authority of the Secretary of Commerce under this section
shall commence on the date of the enactment of this chapter, and
shall terminate on July 1, 1995.
(f)(1) The Secretary of Commerce shall promptly notify the
Register of Copyrights and the Committees on the Judiciary of the
Senate and the House of Representatives of the issuance or
termination of any order under this section, together with a
statement of the reasons for such action. The Secretary shall also
publish such notification and statement of reasons in the Federal
Register.
(2) Two years after the date of the enactment of this chapter,
the Secretary of Commerce, in consultation with the Register of
Copyrights, shall transmit to the Committees on the Judiciary of
the Senate and the House of Representatives a report on the actions
taken under this section and on the current status of international
recognition of mask work protection. The report shall include such
recommendations for modifications of the protection accorded under
this chapter to mask works owned by nationals, domiciliaries, or
sovereign authorities of foreign nations as the Secretary, in
consultation with the Register of Copyrights, considers would
promote the purposes of this chapter and international comity with
respect to mask work protection. Not later than July 1, 1994, the
Secretary of Commerce, in consultation with the Register of
Copyrights, shall transmit to the Committees on the Judiciary of
the Senate and the House of Representatives a report updating the
matters contained in the report transmitted under the preceding
sentence.
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