Amendments
1991—Subsec. (a)(1)(B). [Pub. L. 102–64, § 3(1)], inserted “or implementing” after “enacting”.
Subsec. (e). [Pub. L. 102–64, § 3(2)], substituted “July 1, 1995” for “July 1, 1991”.
Subsec. (f)(2). [Pub. L. 102–64, § 4], substituted “July 1, 1994” for “July 1, 1990”.
1987—Subsec. (e). [Pub. L. 100–159, § 2], substituted “on July 1, 1991” for “three years after such date of enactment”.
Subsec. (f)(2). [Pub. L. 100–159, § 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
[Pub. L. 102–64, § 2], June 28, 1991, [105 Stat. 320], 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.”
[Pub. L. 100–159, § 1], Nov. 9, 1987, [101 Stat. 899], as amended by [Pub. L. 105–80, § 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.—
“(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.”