(c) (i) (ii) (iii) AGREEMENT ON TRIPS MTN/FA II-ALC relating to fissionable materials or the materials from which they are derived; relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; taken in time of war or other emergency in international relations; or to prevent any Member from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security. APPENDIX 3.- -STATEMENT IN OPPOSITION TO PATENT LAW CHANGES IN THE GATT ENABLING LEGISLATION (WITH ATTACHMENTS), SUBMITTED BY MEDIA ALERT, AUGUST 11, 1994 THE ATTACHED AGREEMENT DATED JANUARY 20, 1994 RELATES TO THE TESTIMONY GIVEN BY KENNEITH F. ADDISON, JR., PTE. REPRESENTING THE ORGANIZED INVENTIVE COMMUNITY--MEMBERS OF THE NATIONAL INVENTORS HALL OF FAME, MEMBERS OF THE AMERICAN COLLEGE OF PHYSICIAN INVENTORS, AND INDEPENDENT INVENTORS, AND THE UNITED INVENTORS ASSOCIATION. "It took six years for the U.S. delegation to negotiate the minimum verbiage in the GATT language, yet provisions relative to intellectual property were made mandatory by a stroke of the pen of an Administration appointee," said Mr. Addison. AS MENTIONED BY MR. ADDISON THE ENABLING LEGISLATION EXCEEDS THE REQUIREMENTS FOR GATT AND MORE CLOSELY PARALLELS THE ATTACHED AGREEMENT MADE BY BRUCE A. LEHMAN, ASSISTANT, SECRETARY OF COMMERCE AND COMMISSIONER OF PATENTS AND TRADEMARKS, UNITED STATES PATENT AND TRADEMARK OFFICE. Page 334 GATT LANGUAGE any decision relating to the remuneration provided in respect of such use shall be subject to judicial review or other independent review by a distinct higher authority in that Member; Members are not obliged to apply the conditions set forth in subparagraphs (b) and (1) where such use is permitted to remedy a practice determined after judicial or administrative process to be anti-competitive. The need to correct anti-competitive practices may be taken into account in determining the amount of remuneration in such cases. Competent authorities shall have the authority to refuse termination of authorization if and when the conditions which led to such authorization are likely to recur; where such use is authorized to permit the exploitation of a patent ("the second patent") which cannot be exploited without infringing another patent ("the first patent"), the following additional conditions shall apply: the invention claimed in the second patent shall involve an important technical advance of considerable economic significance in relation to the invention claimed in the first patent; the owner of the first patent shall be entitled to a cross-licence on reasonable terms to use the invention claimed in the second patent; and the use authorized in respect of the first patent shall be non-assignable except with the assignment of the second patent. An opportunity for judicial review of any decision to revoke or forfeit a patent shall be available. Article 33 Term of Protection The term of protection available shall not end before the expiration of a period of twenty years counted from the filing date." It is understood that those Members which do not have a system of original grant may provide that the term of protection shall be computed from the filing date in the system of original grant. 1. By July 1, 1995, the Japanese Patent Office (JPO) will permit foreign nationals to file patent applications in the English language, with a translation into Japanese to follow within two months. 2. Prior to the grant of a patent, the JPO will permit the correction of translation errors up to the time allowed for the reply to the first substantive communication from the JPO. 3. After the grant of a patent, the JPO will permit the correction of translation errors to the extent that the correction does not substantially extend the scope of protection. 4. Appropriate fees may be charged by the JPO for the above procedures. Actions to be taken by the U.S.: 1. By June 1, 1994, the United States Patent and Trademark Office (USPTO) will introduce legislation to amend U.S. patent law to change the term of patents from 17 years from the date of grant of a patent for an invention to 20 years from the date of filing of the first complete application. 2. The legislation that the USPTO will introduce shall take effect six months from the date of enactment and shall apply to all applications filed in the United States thereafter. 3. Paragraph 2 requires that the term of all continuing applications (continuations, continuations-in-part and divisionals), filed six months after enactment of the above legislation, be counted from the filing date of the earliest-filed of any applications invoked under 35 U.S.c. 120. 麻渡 Wataru Asou Commissioner Japanese Patent Office Bruce A. Lehman Bruce A. Lahman Assistant Secretary of Commerce and United States Patent and Trademark Office APPENDIX 4.-LETTER FROM HERBERT C. WAMSLEY, EXECUTIVE DIRECTOR, INTELLECTUAL PROPERTY OWNERS (WITH ATTACHMENTS), TO HON. WILLIAM J. HUGHES, CHAIRMAN, SUBCOMMITTEE ON INTELLECTUAL PROPERTY AND JUDICIAL ADMINISTRATION, AND HON. DENNIS DECONCINI, CHAIRMAN, SENATE SUBCOMMITTEE ON PATENTS, COPYRIGHTS AND TRADEMARKS, AUGUST 17, 1994 PRESIDENT Roger S. Smith VICE PRESIDENT Gary L. Griswold 3M DIRECTORS Robert L. Andersen FMC Corp. Joseph H. Ballway, Jr. Norman L. Balmer Erwin F. Berrier, Jr. W. Dexter Brooks James L. Fergason Michael W. Glynn Robert P. Hayter United Technologies Corp. Edward P. Heller, III Seagate Technologies, Inc. Wayne C. Jeschke Henkel Corporation John J. Klocko, il E.I. du Pont de Nemours & Co. Paul J. Koivuniemi Synergen, Inc. William E. Lambert, Ill Edward T. Lentz SmithKline Beecham Corp. William F. Marsh John P. McDonnell Alexander McKillop Garo A. Partoyan Ralph D. Pinto Jacobus C. Rasser Peter C. Richardson Allen W. Richmond Phillips Petroleum Co. Melvin J. Scotnick Pitney Bowes Inc. Howard C. Stanley Richard G. Waterman Dow Chemical Co. Ogden H. Webster Eastman Kodak Co. John K. Williamson Westinghouse Electric Corp. Richard C. Witle Cincinnati, OH EXECUTIVE DIRECTOR Herbert C. Wamalay Washington, DC DEPUTY EXECUTIVE DIRECTOR Ade E. Bames During the joint hearing on GATT implementing legislation on August Enclosed is the first page of patent number 5,283,641, issued almost Also enclosed is a statement by Intellectual Property Owners We request that this letter and enclosures be included in the record A NONPROFIT ASSOCIATION REPRESENTING PATENT, TRADEMARK AND COPYRIGHT OWNERS |