1 2 3 4 5 6 7 38 (A) in subsection (a) by striking out "section 119" and inserting "section 119 (a) through (d)"; and (B) in subsection (b) by striking out "the first paragraph of section 119" and inserting "section 119(a)". (5) Section 373 of title 35, United States Code, is 8 amended by striking out "section 119" and inserting "sec 9 tion 119 (a) through (d)". 10 (6) The table of sections for chapter 11 of title 35, 11 United States Code, is amended 12 13 14 15 16 (A) by striking the item relating to section 111 and inserting the following: "111. Application."; and (B) by striking the item relating to section 119 and inserting the following: "119. Benefit of earlier filing date; right of priority.". 17 SEC. 11. EFFECTIVE DATE. 18 (a) IN GENERAL.-Subject to subsection (b), the pro 19 visions of this Act and the amendments made by this Act 20 shall take effect 1 year after the date of entry into force 21 of the World Trade Organization Agreement as referred 22 to under the Uruguay Round Implementation Act. 23 (b) PATENT TERM AND INTERNAL PRIORITY.-Sec 24 tion 10 shall take effect 6 months after the date of enact .8 2368 IS 39 1 ment of this Act and shall apply to all applications filed 2 in the United States on or after the effective date. The 3 term of a patent granted on a plant or utility application 4 that is filed after the effective date and that contains a 5 specific reference to an earlier filed application under the 6 provisions of sections 120, 121, or 365(c) of title 35, Unit7 ed States Code, shall be determined from the filing date 8 of the earliest filed application, a reference to which is 9 made under sections 120, 121, or 365(c) of such title. 85-525 095 - 3 DISCUSSION DRAFT (2)-TRADEMARK/ PATENT PROVISIONS FOR GATT 1 SEC. 05. DEFINITION OF “ABANDONMENT". 2 Section 45 of the Act entitled "An Act to provide for 3 the registration and protection of trademarks used in com4 merce, to carry out the provisions of certain international 5 conventions, and for other purposes", approved July 5, 6 1946, commonly referred to as the Trademark Act of 1946 7 (15 U.S.C. 1127), is amended by amending the paragraph 8 defining "abandonment" to read as follows: 9 "A mark shall be deemed to be 'abandoned' if either 10 of the following occurs: "(1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. 'Use' of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. "(2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a 2 mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph.”. 1 2 6 GRAPHIC INDICATIONS FOR WINES AND SPIR ITS. Subsection (a) of section 2 of the Act entitled "An 7 Act to provide for the registration and protection of trade8 marks used in commerce, to carry out the provisions of 9 certain international conventions, and for other purposes", 10 approved July 5, 1946, commonly referred to as the 11 Trademark Act of 1946 (15 U.S.C. 1052(a)) is amended 12 to read as follows: 13 "(a) Consists of or comprises immoral, deceptive, or 14 scandalous matter; or matter which may disparage or 15 falsely suggest a connection with persons, living or dead, 16 institutions, beliefs, or national symbols, or bring them 17 into contempt, or disrepute; or a geographical indication 18 which, when used on or in connection with wines or spirits, 19 identifies a place other than the origin of the goods and 20 is first used on or in connection with wines or spirits by 21 the applicant on or after one year after the date of entry 22 into force of the World Trade Organization Agreement as 23 referred to in section of the Uruguay Round Imple 24 mentation Act.". 3 1 SEC. 07. TREATMENT OF INVENTIVE ACTIVITY. 2 Section 104 of title 35, United States Code, is 3 amended to read as follows: 4 "8 104. Invention made abroad 5 "(a) IN GENERAL. "(1) PROCEEDINGS.-In proceedings in the Patent and Trademark Office, in the courts, and before any other competent authority, an applicant for a patent, or a patentee, may not establish a date of invention by reference to knowledge or use thereof, or other activity with respect thereto, in a foreign country other than a NAFTA country or a WTO Member country, except as provided in sections 119 and 365 of this title. "(2) RIGHTS.-If an invention was made by a person, civil or military, while domiciled in the United States or a NAFTA country or a WTO Member country serving in any other country in connection with operations by or on behalf of the United States or a NAFTA country or a TO Member country, respectively, the person shall be entitled to the same rights of priority in the United States with respect to such invention as if such invention had been made in the United States or a NAFTA country or a WTO Member country, respectively. |