COPYRIGHT ACT

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17 USC Sec. 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.

-SOURCE-

    (Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat.

    3355; amended Pub. L. 100-159, Sec. 2, 4, Nov. 9, 1987, 101 Stat.

    899, 900; Pub. L. 102-64, Sec. 3, 4, June 28, 1991, 105 Stat. 320,

    321.)

-REFTEXT-

                             REFERENCES IN TEXT

      The date of enactment of this chapter, referred to in subsecs.

    (e) and (f)(2), is the date of enactment of Pub. L. 98-620, which

    was approved Nov. 8, 1984.

-MISC2-

                                 AMENDMENTS

      1991 - Subsec. (a)(1)(B). Pub. L. 102-64, Sec. 3(1), inserted

    ''or implementing'' after ''enacting''.

      Subsec. (e). Pub. L. 102-64, Sec. 3(2), substituted ''July 1,

    1995'' for ''July 1, 1991''.

      Subsec. (f)(2). Pub. L. 102-64, Sec. 4, substituted ''July 1,

    1994'' for ''July 1, 1990''.

      1987 - Subsec. (e). Pub. L. 100-159, Sec. 2, substituted ''on

    July 1, 1991'' for ''three years after such date of enactment''.

      Subsec. (f)(2). Pub. L. 100-159, Sec. 4, which directed the

    amendment of subsec. (f) by inserting at end ''Not later than July

    1, 1990, 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.'', was executed by inserting new language at

    end of par. (2) of subsec. (f) as the probable intent of Congress.

                           FINDINGS AND PURPOSES

      Section 2 of Pub. L. 102-64 provided that:

      ''(a) Findings. - The Congress finds that -

        ''(1) section 914 of title 17, United States Code, which

      authorizes the Secretary of Commerce to issue orders extending

      interim protection under chapter 9 of title 17, United States

      Code, to mask works fixed in semiconductor chip products and

      originating in foreign countries that are making good faith

      efforts and reasonable progress toward providing protection, by

      treaty or legislation, to mask works of United States nationals,

      has resulted in substantial and positive legislative developments

      in foreign countries regarding protection of mask works;

        ''(2) the Secretary of Commerce has determined that most of the

      industrialized countries of the world are eligible for orders

      affording interim protection under section 914 of title 17,

      United States Code;

        ''(3) no multilateral treaty recognizing the protection of mask

      works has come into force, nor has the United States become bound

      by any multilateral agreement regarding such protection; and

        ''(4) bilateral and multilateral relationships regarding the

      protection of mask works should be directed toward the

      international protection of mask works in an effective,

      consistent, and harmonious manner, and the existing bilateral

      authority of the Secretary of Commerce under chapter 9 of title

      17, United States Code, should be extended to facilitate the

      continued development of protection for mask works.

      ''(b) Purposes. - The purposes of this Act (amending this section

    and enacting provisions set out as a note under section 901 of this

    title) are -

        ''(1) to extend the period within which the Secretary of

      Commerce may grant interim protection orders under section 914 of

      title 17, United States Code, to continue the incentive for the

      bilateral and multilateral protection of mask works; and

        ''(2) to clarify the Secretary's authority to issue such

      interim protection orders.''

      Section 1 of Pub. L. 100-159, as amended by Pub. L. 105-80, Sec.

    12(b)(1), Nov. 13, 1997, 111 Stat. 1536, provided that:

      ''(a) Findings. - The Congress finds that -

        ''(1) section 914 of title 17, United States Code, which

      authorizes the Secretary of Commerce to issue orders extending

      interim protection under chapter 9 of title 17, United States

      Code, to mask works fixed in semiconductor chip products and

      originating in foreign countries that are making good faith

      efforts and reasonable progress toward providing protection, by

      treaty or legislation, to mask works of United States nationals,

      has resulted in substantial and positive legislative developments

      in foreign countries regarding protection of mask works;

        ''(2) the Secretary of Commerce has determined that most of the

      industrialized countries of the world are eligible for orders

      affording interim protection under section 914 of title 17,

      United States Code;

        ''(3) the World Intellectual Property Organization has

      commenced meetings to draft an international convention regarding

      the protection of integrated electronic circuits;

        ''(4) these bilateral and multilateral developments are

      encouraging steps toward improving international protection of

      mask works in a consistent and harmonious manner; and

        ''(5) it is inherent in section 902 of title 17, United States

      Code, that the President has the authority to revise, suspend, or

      revoke, as well as issue, proclamations extending mask work

      protection to nationals, domiciliaries, and sovereign authorities

      of other countries, if conditions warrant.

      ''(b) Purposes. - The purposes of this Act (amending this section

    and section 902 of this title) are -

        ''(1) to extend the period within which the Secretary of

      Commerce may grant interim protective orders under section 914 of

      title 17, United States Code, to continue this incentive for the

      bilateral and multilateral protection of mask works; and

        ''(2) to codify the President's existing authority to revoke,

      suspend, or limit the protection extended to mask works of

      foreign entities in nations that extend mask work protection to

      United States nationals.''

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