§ 914. — International transitional provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC914]
TITLE 17--COPYRIGHTS
CHAPTER 9--PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
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.
(Added Pub. L. 98-620, title III, Sec. 302, Nov. 8, 1984, 98 Stat. 3355;
amended Pub. L. 100-159, Secs. 2, 4, Nov. 9, 1987, 101 Stat. 899, 900;
Pub. L. 102-64, Secs. 3, 4, June 28, 1991, 105 Stat. 320, 321.)
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.
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.''
