(1)
a “semiconductor chip product” is the final or intermediate form of
any product —
(A) having two or more layers of metallic,
insulating, or semiconductor material, deposited or otherwise placed on, or etched
away or otherwise removed from, a piece of semiconductor material in accordance
with a predetermined pattern; and
(B) intended to perform
electronic circuitry functions;
(2)
a “mask work” is a series of related images, however fixed or encoded —
(A)
having or representing the predetermined, three-dimensional pattern of metallic,
insulating, or semiconductor material present or removed from the layers of a
semiconductor chip product; and
(B) in which series the
relation of the images to one another is that each image has the pattern of the
surface of one form of the semiconductor chip product;
(3)
a mask work is “fixed” in a semiconductor chip product when its embodiment
in the product is sufficiently permanent or stable to permit the mask work to
be perceived or reproduced from the product for a period of more than transitory
duration;
(4) to “distribute” means to sell,
or to lease, bail, or otherwise transfer, or to offer to sell, lease, bail, or
otherwise transfer;
(5) to “commercially exploit”
a mask work is to distribute to the public for commercial purposes a semiconductor
chip product embodying the mask work; except that such term includes an offer
to sell or transfer a semiconductor chip product only when the offer is in writing
and occurs after the mask work is fixed in the semiconductor chip product;
(6)
the “owner” of a mask work is the person who created the mask work,
the legal representative of that person if that person is deceased or under a
legal incapacity, or a party to whom all the rights under this chapter of such
person or representative are transferred in accordance with section 903(b); except
that, in the case of a work made within the scope of a person's employment, the
owner is the employer for whom the person created the mask work or a party to
whom all the rights under this chapter of the employer are transferred in accordance
with section 903(b);
(7) an “innocent purchaser”
is a person who purchases a semiconductor chip product in good faith and without
having notice of protection with respect to the semiconductor chip product;
(8)
having “notice of protection” means having actual knowledge that, or
reasonable grounds to believe that, a mask work is protected under this chapter;
and
(9) an “infringing semiconductor chip product”
is a semiconductor chip product which is made, imported, or distributed in violation
of the exclusive rights of the owner of a mask work under this chapter.
(b)
For purposes of this chapter, the distribution or importation of a product incorporating
a semiconductor chip product as a part thereof is a distribution or importation
of that semiconductor chip product.
(a)(1)
Subject to the provisions of subsection (b), a mask work fixed in a semiconductor
chip product, by or under the authority of the owner of the mask work, is eligible
for protection under this chapter if —
(A) on the date
on which the mask work is registered under section 908, or is first commercially
exploited anywhere in the world, whichever occurs first, the owner of the mask
work is (i) a national or domiciliary of the United States, (ii) a national, domiciliary,
or sovereign authority of a foreign nation that is a party to a treaty affording
protection to mask works to which the United States is also a party, or (iii)
a stateless person, wherever that person may be domiciled;
(B)
the mask work is first commercially exploited in the United States; or
(C)
the mask work comes within the scope of a Presidential proclamation issued under
paragraph (2).
(2) Whenever the President finds that
a foreign nation extends, to mask works of owners who are nationals or domiciliaries
of the United States protection (A) on substantially the same basis as that on
which the foreign nation extends protection to mask works of its own nationals
and domiciliaries and mask works first commercially exploited in that nation,
or (B) on substantially the same basis as provided in this chapter, the President
may by proclamation extend protection under this chapter to mask works (i) of
owners who are, on the date on which the mask works are registered under section
908, or the date on which the mask works are first commercially exploited anywhere
in the world, whichever occurs first, nationals, domiciliaries, or sovereign authorities
of that nation, or (ii) which are first commercially exploited in that nation.
The President may revise, suspend, or revoke any such proclamation or impose any
conditions or limitations on protection extended under any such proclamation.
(b)
Protection under this chapter shall not be available for a mask work that —
(1)
is not original; or
(2) consists of designs that are
staple, commonplace, or familiar in the semiconductor industry, or variations
of such designs, combined in a way that, considered as a whole, is not original.
(c)
In no case does protection under this chapter for a mask work extend to any idea,
procedure, process, system, method of operation, concept, principle, or discovery,
regardless of the form in which it is described, explained, illustrated, or embodied
in such work.
(a) The exclusive
rights in a mask work subject to protection under this chapter belong to the owner
of the mask work.
(b) The owner of the exclusive rights
in a mask work may transfer all of those rights, or license all or less than all
of those rights, by any written instrument signed by such owner or a duly authorized
agent of the owner. Such rights may be transferred or licensed by operation of
law, may be bequeathed by will, and may pass as personal property by the applicable
laws of intestate succession.
(c)(1) Any document pertaining
to a mask work may be recorded in the Copyright Office if the document filed for
recordation bears the actual signature of the person who executed it, or if it
is accompanied by a sworn or official certification that it is a true copy of
the original, signed document. The Register of Copyrights shall, upon receipt
of the document and the fee specified pursuant to section 908(d), record the document
and return it with a certificate of recordation. The recordation of any transfer
or license under this paragraph gives all persons constructive notice of the facts
stated in the recorded document concerning the transfer or license.
(2)
In any case in which conflicting transfers of the exclusive rights in a mask work
are made, the transfer first executed shall be void as against a subsequent transfer
which is made for a valuable consideration and without notice of the first transfer,
unless the first transfer is recorded in accordance with paragraph (1) within
three months after the date on which it is executed, but in no case later than
the day before the date of such subsequent transfer.
(d)
Mask works prepared by an officer or employee of the United States Government
as part of that person's official duties are not protected under this chapter,
but the United States Government is not precluded from receiving and holding exclusive
rights in mask works transferred to the Government under subsection (b).
(a) The protection provided
for a mask work under this chapter shall commence on the date on which the mask
work is registered under section 908, or the date on which the mask work is first
commercially exploited anywhere in the world, whichever occurs first.
(b)
Subject to subsection (c) and the provisions of this chapter, the protection provided
under this chapter to a mask work shall end ten years after the date on which
such protection commences under subsection (a).
(c) All
terms of protection provided in this section shall run to the end of the calendar
year in which they would otherwise expire.
(a)
Notwithstanding the provisions of section 905, it is not an infringement of the
exclusive rights of the owner of a mask work for —
(1)
a person to reproduce the mask work solely for the purpose of teaching, analyzing,
or evaluating the concepts or techniques embodied in the mask work or the circuitry,
logic flow, or organization of components used in the mask work; or
(2)
a person who performs the analysis or evaluation described in paragraph (1) to
incorporate the results of such conduct in an original mask work which is made
to be distributed.
(b) Notwithstanding the provisions
of section 905(2), the owner of a particular semiconductor chip product made by
the owner of the mask work, or by any person authorized by the owner of the mask
work, may import, distribute, or otherwise dispose of or use, but not reproduce,
that particular semiconductor chip product without the authority of the owner
of the mask work.
(a) Notwithstanding
any other provision of this chapter, an innocent purchaser of an infringing semiconductor
chip product —
(1) shall incur no liability under this
chapter with respect to the importation or distribution of units of the infringing
semiconductor chip product that occurs before the innocent purchaser has notice
of protection with respect to the mask work embodied in the semiconductor chip
product; and
(2) shall be liable only for a reasonable
royalty on each unit of the infringing semiconductor chip product that the innocent
purchaser imports or distributes after having notice of protection with respect
to the mask work embodied in the semiconductor chip product.
(b)
The amount of the royalty referred to in subsection (a)(2) shall be determined
by the court in a civil action for infringement unless the parties resolve the
issue by voluntary negotiation, mediation, or binding arbitration.
(c)
The immunity of an innocent purchaser from liability referred to in subsection
(a)(1) and the limitation of remedies with respect to an innocent purchaser referred
to in subsection (a)(2) shall extend to any person who directly or indirectly
purchases an infringing semiconductor chip product from an innocent purchaser.
(d)
The provisions of subsections (a), (b), and (c) apply only with respect to those
units of an infringing semiconductor chip product that an innocent purchaser purchased
before having notice of protection with respect to the mask work embodied in the
semiconductor chip product.
(a) The owner
of a mask work may apply to the Register of Copyrights for registration of a claim
of protection in a mask work. Protection of a mask work under this chapter shall
terminate if application for registration of a claim of protection in the mask
work is not made as provided in this chapter within two years after the date on
which the mask work is first commercially exploited anywhere in the world.
(b)
The Register of Copyrights shall be responsible for all administrative functions
and duties under this chapter. Except for section 708, the provisions of chapter
7 of this title relating to the general responsibilities, organization, regulatory
authority, actions, records, and publications of the Copyright Office shall apply
to this chapter, except that the Register of Copyrights may make such changes
as may be necessary in applying those provisions to this chapter.
(c)
The application for registration of a mask work shall be made on a form prescribed
by the Register of Copyrights. Such form may require any information regarded
by the Register as bearing upon the preparation or identification of the mask
work, the existence or duration of protection of the mask work under this chapter,
or ownership of the mask work. The application shall be accompanied by the fee
set pursuant to subsection (d) and the identifying material specified pursuant
to such subsection.
(d) The Register of Copyrights shall
by regulation set reasonable fees for the filing of applications to register claims
of protection in mask works under this chapter, and for other services relating
to the administration of this chapter or the rights under this chapter, taking
into consideration the cost of providing those services, the benefits of a public
record, and statutory fee schedules under this title. The Register shall also
specify the identifying material to be deposited in connection with the claim
for registration.
(e) If the Register of Copyrights,
after examining an application for registration, determines, in accordance with
the provisions of this chapter, that the application relates to a mask work which
is entitled to protection under this chapter, then the Register shall register
the claim of protection and issue to the applicant a certificate of registration
of the claim of protection under the seal of the Copyright Office. The effective
date of registration of a claim of protection shall be the date on which an application,
deposit of identifying material, and fee, which are determined by the Register
of Copyrights or by a court of competent jurisdiction to be acceptable for registration
of the claim, have all been received in the Copyright Office.
(f)
In any action for infringement under this chapter, the certificate of registration
of a mask work shall constitute prima facie evidence (1) of the facts stated in
the certificate, and (2) that the applicant issued the certificate has met the
requirements of this chapter, and the regulations issued under this chapter, with
respect to the registration of claims.
(g) Any applicant
for registration under this section who is dissatisfied with the refusal of the
Register of Copyrights to issue a certificate of registration under this section
may seek judicial review of that refusal by bringing an action for such review
in an appropriate United States district court not later than sixty days after
the refusal. The provisions of chapter 7 of title 5 shall apply to such judicial
review. The failure of the Register of Copyrights to issue a certificate of registration
within four months after an application for registration is filed shall be deemed
to be a refusal to issue a certificate of registration for purposes of this subsection
and section 910(b)(2), except that, upon a showing of good cause, the district
court may shorten such four-month period.
(a)
The owner of a mask work provided protection under this chapter may affix notice
to the mask work, and to masks and semiconductor chip products embodying the mask
work, in such manner and location as to give reasonable notice of such protection.
The Register of Copyrights shall prescribe by regulation, as examples, specific
methods of affixation and positions of notice for purposes of this section, but
these specifications shall not be considered exhaustive. The affixation of such
notice is not a condition of protection under this chapter, but shall constitute
prima facie evidence of notice of protection.
(b) The notice referred to in subsection (a) shall consist
of —
(1) the words “mask work”, the symbol *M*,
or the symbol
(the letter M in a circle); and
(2) the name of the owner or owners of the mask work
or an abbreviation by which the name is recognized or is generally known.
(a) Except as otherwise provided in this chapter, any
person who violates any of the exclusive rights of the owner of a mask work
under this chapter, by conduct in or affecting commerce, shall be liable as
an infringer of such rights. As used in this subsection, the term “any
person” includes any State, any instrumentality of a State, and any officer
or employee of a State or instrumentality of a State acting in his or her
official capacity. Any State, and any such instrumentality, officer, or employee,
shall be subject to the provisions of this chapter in the same manner and
to the same extent as any nongovernmental entity.
(b)(1) The owner of a mask work protected under this chapter,
or the exclusive licensee of all rights under this chapter with respect to
the mask work, shall, after a certificate of registration of a claim of protection
in that mask work has been issued under section
908, be entitled to institute a civil action for any infringement with
respect to the mask work which is committed after the commencement of protection
of the mask work under section 904(a).
(2) In any case in which an application for registration
of a claim of protection in a mask work and the required deposit of identifying
material and fee have been received in the Copyright Office in proper form
and registration of the mask work has been refused, the applicant is entitled
to institute a civil action for infringement under this chapter with respect
to the mask work if notice of the action, together with a copy of the complaint,
is served on the Register of Copyrights, in accordance with the Federal Rules
of Civil Procedure. The Register may, at his or her option, become a party
to the action with respect to the issue of whether the claim of protection
is eligible for registration by entering an appearance within sixty days after
such service, but the failure of the Register to become a party to the action
shall not deprive the court of jurisdiction to determine that issue.
(c)(1) The Secretary of the Treasury and the United States
Postal Service shall separately or jointly issue regulations for the enforcement
of the rights set forth in section 905 with
respect to importation. These regulations may require, as a condition for
the exclusion of articles from the United States, that the person seeking
exclusion take any one or more of the following actions:
(A) Obtain a court order enjoining, or an order of the
International Trade Commission under section 337 of the Tariff Act of 1930
excluding, importation of the articles.
(B) Furnish proof that the mask work involved is protected
under this chapter and that the importation of the articles would infringe
the rights in the mask work under this chapter.
(C) Post a surety bond for any injury that may result
if the detention or exclusion of the articles proves to be unjustified.
(2) Articles imported in violation of the rights set
forth in section 905 are subject to seizure
and forfeiture in the same manner as property imported in violation of the
customs laws. Any such forfeited articles shall be destroyed as directed by
the Secretary of the Treasury or the court, as the case may be, except that
the articles may be returned to the country of export whenever it is shown
to the satisfaction of the Secretary of the Treasury that the importer had
no reasonable grounds for believing that his or her acts constituted a violation
of the law.
(a) Any court having jurisdiction of a civil action arising
under this chapter may grant temporary restraining orders, preliminary injunctions,
and permanent injunctions on such terms as the court may deem reasonable to
prevent or restrain infringement of the exclusive rights in a mask work under
this chapter.
(b) Upon finding an infringer liable, to a person entitled
under section 910(b)(1) to institute a civil
action, for an infringement of any exclusive right under this chapter, the
court shall award such person actual damages suffered by the person as a result
of the infringement. The court shall also award such person the infringer's
profits that are attributable to the infringement and are not taken into account
in computing the award of actual damages. In establishing the infringer's
profits, such person is required to present proof only of the infringer's
gross revenue, and the infringer is required to prove his or her deductible
expenses and the elements of profit attributable to factors other than the
mask work.
(c) At any time before final judgment is rendered, a person
entitled to institute a civil action for infringement may elect, instead of
actual damages and profits as provided by subsection (b), an award of statutory
damages for all infringements involved in the action, with respect to any
one mask work for which any one infringer is liable individually, or for which
any two or more infringers are liable jointly and severally, in an amount
not more than $250,000 as the court considers just.
(d) An action for infringement under this chapter shall
be barred unless the action is commenced within three years after the claim
accrues.
(e)(1) At any time while an action for infringement of
the exclusive rights in a mask work under this chapter is pending, the court
may order the impounding, on such terms as it may deem reasonable, of all
semiconductor chip products, and any drawings, tapes, masks, or other products
by means of which such products may be reproduced, that are claimed to have
been made, imported, or used in violation of those exclusive rights. Insofar
as practicable, applications for orders under this paragraph shall be heard
and determined in the same manner as an application for a temporary restraining
order or preliminary injunction.
(2) As part of a final judgment or decree, the court may
order the destruction or other disposition of any infringing semiconductor
chip products, and any masks, tapes, or other articles by means of which such
products may be reproduced.
(f) In any civil action arising under this chapter, the
court in its discretion may allow the recovery of full costs, including reasonable
attorneys' fees, to the prevailing party.
(g)(1) Any State, any instrumentality of a State, and
any officer or employee of a State or instrumentality of a State acting in
his or her official capacity, shall not be immune, under the Eleventh Amendment
of the Constitution of the United States or under any other doctrine of sovereign
immunity, from suit in Federal court by any person, including any governmental
or nongovernmental entity, for a violation of any of the exclusive rights
of the owner of a mask work under this chapter, or for any other violation
under this chapter.
(2) In a suit described in paragraph (1) for a violation
described in that paragraph, remedies (including remedies both at law and
in equity) are available for the violation to the same extent as such remedies
are available for such a violation in a suit against any public or private
entity other than a State, instrumentality of a State, or officer or employee
of a State acting in his or her official capacity. Such remedies include actual
damages and profits under subsection (b), statutory damages under subsection
(c), impounding and disposition of infringing articles under subsection (e),
and costs and attorney's fees under subsection (f).
(a) Nothing in this chapter shall affect any right or
remedy held by any person under chapters 1 through 8 or 10 of this title,
or under title 35.
(b) Except as provided in section
908(b) of this title, references to “this title” or “title
17” in chapters 1 through 8 or 10 of this title shall be deemed not to
apply to this chapter.
(c) The provisions of this chapter shall preempt the laws
of any State to the extent those laws provide any rights or remedies with
respect to a mask work which are equivalent to those rights or remedies provided
by this chapter, except that such preemption shall be effective only with
respect to actions filed on or after January 1, 1986.
(d) Notwithstanding subsection (c), nothing in this chapter
shall detract from any rights of a mask work owner, whether under Federal
law (exclusive of this chapter) or under the common law or the statutes of
a State, heretofore or hereafter declared or enacted, with respect to any
mask work first commercially exploited before July 1, 1983.
(a) No application for registration under section
908 may be filed, and no civil action under section
910 or other enforcement proceeding under this chapter may be instituted,
until sixty days after the date of the enactment of this chapter.
(b) No monetary relief under section
911 may be granted with respect to any conduct that occurred before the
date of the enactment of this chapter, except as provided in subsection (d).
(c) Subject to subsection (a), the provisions of this
chapter apply to all mask works that are first commercially exploited or are
registered under this chapter, or both, on or after the date of the enactment
of this chapter.
(d)(1) Subject to subsection (a), protection is available
under this chapter to any mask work that was first commercially exploited
on or after July 1, 1983, and before the date of the enactment of this chapter,
if a claim of protection in the mask work is registered in the Copyright Office
before July 1, 1985, under section 908.
(2) In the case of any mask work described in paragraph
(1) that is provided protection under this chapter, infringing semiconductor
chip product units manufactured before the date of the enactment of this chapter
may, without liability under sections 910 and
911, be imported into or distributed in the
United States, or both, until two years after the date of registration of
the mask work under section 908, but only if
the importer or distributor, as the case may be, first pays or offers to pay
the reasonable royalty referred to in section 907(a)(2)
to the mask work owner, on all such units imported or distributed, or both,
after the date of the enactment of this chapter.
(3) In the event that a person imports or distributes
infringing semiconductor chip product units described in paragraph (2) of
this subsection without first paying or offering to pay the reasonable royalty
specified in such paragraph, or if the person refuses or fails to make such
payment, the mask work owner shall be entitled to the relief provided in sections
910 and 911.
(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 a period as the Secretary designates
in the order, except that no such order may be effective after that 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 recommendation 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.
1In 1984, the Semiconductor Chip
Protection Act amended title 17 of the United States Code to add a
new chapter 9 entitled “Protection of Semiconductor Chip Products.” Pub. L.
No. 98-620, 98 Stat. 3347.
2In 1997, the heading for section
903 in the table of sections was amended by adding “, transfer, licensure,
and recordation” at the end thereof, in lieu of “and transfer.” Pub. L. No.
105-80, 111 Stat. 1529, 1535. The Intellectual Property and High Technology
Technical Amendments Act of 2002 amended the heading for section 903 in the
table of sections for chapter 9 by substituting “licensing” for “licensure.” Pub. L. No. 107-273, 116 Stat. 1758, 1910.
3In 1987, section
902 was amended by adding the last sentence in subsection (a)(2). Pub.
L. No. 100-159, 101 Stat. 899, 900.
4In 1997, section
909 was amended by correcting misspellings in subsection (b)(1). Pub.
L. No. 105-80, 111 Stat. 1529, 1535.
5In 1990, the Copyright Remedy Clarification
Act amended section 910 by adding the last
two sentences to subsection (a). Pub. L. No. 101-553, 104 Stat. 2749, 2750.
In 1997, a technical correction amended section 910(a) by capitalizing the
first word of the second sentence. Pub. L. No. 105-80, 111 Stat. 1529 1535.
6In 1990, the Copyright Remedy Clarification
Act amended section 911 by adding subsection
(g). Pub. L. No. 101-553, 104 Stat. 2749, 2750.
7In 1988, the Judicial Improvements
and Access to Justice Act amended section 912
by deleting subsection (d) and redesignating subsection (e) as subsection
(d). Pub. L. No. 100-702, 102 Stat. 4642, 4672. The Audio Home Recording Act
of 1992 amended section 912 by inserting “or 10” after “8” in subsections
(a) and (b). Pub. L. No. 102-563, 106 Stat. 4237, 4248.
8In 1987, section
914 was amended in subsection (e) by inserting “on July 1, 1991” in lieu
of “three years after such date of enactment” and by adding the last sentence
to subsection (f)(2). Pub. L. No. 100-159, 101 Stat. 899. The Semiconductor
International Protection Extension Act of 1991 amended section 914 by inserting “or implementing” after “enacting” in the first sentence of subsection (a)(1)(B),
by changing the date in subsection (e) to “July 1, 1995” and by changing the
date in the last sentence of subsection (f)(2) to “July 1, 1994.” Pub. L.
No. 102-64, 105 Stat. 320.
On July 1, 1995, section 914
expired as required by subsection (e). It was rendered largely unnecessary
upon the entry into force on January 1, 1995, of the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPs)(Annex 1C to the World Trade
Organization (WTO) Agreement). Part II, section 6 of TRIPs protects semiconductor
chip products and was the basis for Presidential Proclamation No. 6780, March
23, 1995, under section 902(a)(2) extending protection to all present and
future WTO members (146 countries as of April 4, 2003), as of January 1, 1996.
See Part IV of the Appendix.
For a discussion of Congressional findings regarding extending
protection to semiconductor chip products of foreign entities, see Pub. L.
No. 100-159, 101 Stat. 899, and the Semiconductor International Protection
Extension Act of 1991, Pub. L. No. 102-64, 105 Stat. 320.5
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