524
6 Reverse Engineering of Microcircuits
(A) The owner of an industrial design is a national or US company, a person not
belonging to a specific state, a national or sovereign organization of a country
that is a party to an agreement providing protection of industrial designs if the
USA is also a party to this agreement;
(B) The first case of commercial use of the industrial design was registered in the
USA;
(C) The industrial design falls under the scope of the statement of the President of
the USA in accordance with the Article 902(a)(2).
Under the Act, the President of the USA can issue an official statement in accordance with the Article 902(a)(2), which will ensure protection of imported industrial
designs, if the President decides that the exporting country provides owners of US
industrial designs with the level of protection similar to the level of protection of
industrial designs of the exporting country or the level of protection provided by the
law.
Section 914 was created as a temporary measure, which allowed the Minister of
Commerce to issue a decree granting protection to foreign citizens or governments
in accordance with the law. Section 914 determines
(a) Regardless of the conditions set by subclauses (A) and (C) of Section 902(a)(1)
regarding the accessibility of protection in accordance with this section to
national, domicile and sovereign companies of other countries, the Minister of
Commerce in response to a petition from any person or under a personal order
from the Secretary can issue a decree providing protection under this Chapter
to such national, domicile and sovereign companies of other countries, if the
Minister decides that
(1) Such foreign state makes efforts and reasonable progress in matters of
(A) Entering the agreement described in Section 902(a)(1)(A);
(B) Developing or introducing legislation that will correspond to
subclauses (A) or (B) of Section 902(a)(2);
(2) National and sovereign organization of the foreign state and persons
controlled by them are not involved in illegal operation, distribution or
commercial use of industrial designs;
(3) Issuance of the decree will be in accordance with the goals of this Chapter
and the international community in the field of protection of industrial
designs.
It is clear from this provision that if the Secretary decides that another country
makes “sufficient” efforts to ensure protection of industrial design owners from the
USA and does not participate in piracy in the field of microcircuits, then the relevant
decree will contribute to the goals of the Act and the international community, foreign
citizens, and governments may be granted protection in accordance with the Act. This
provision was criticized by experts due to several reasons.
First, a petitioner for protection under the Article 914 can face the need to provide
extracts, bills, and correspondence from the foreign document to prove the fact that
6 Reverse Engineering of Microcircuits
(A) The owner of an industrial design is a national or US company, a person not
belonging to a specific state, a national or sovereign organization of a country
that is a party to an agreement providing protection of industrial designs if the
USA is also a party to this agreement;
(B) The first case of commercial use of the industrial design was registered in the
USA;
(C) The industrial design falls under the scope of the statement of the President of
the USA in accordance with the Article 902(a)(2).
Under the Act, the President of the USA can issue an official statement in accordance with the Article 902(a)(2), which will ensure protection of imported industrial
designs, if the President decides that the exporting country provides owners of US
industrial designs with the level of protection similar to the level of protection of
industrial designs of the exporting country or the level of protection provided by the
law.
Section 914 was created as a temporary measure, which allowed the Minister of
Commerce to issue a decree granting protection to foreign citizens or governments
in accordance with the law. Section 914 determines
(a) Regardless of the conditions set by subclauses (A) and (C) of Section 902(a)(1)
regarding the accessibility of protection in accordance with this section to
national, domicile and sovereign companies of other countries, the Minister of
Commerce in response to a petition from any person or under a personal order
from the Secretary can issue a decree providing protection under this Chapter
to such national, domicile and sovereign companies of other countries, if the
Minister decides that
(1) Such foreign state makes efforts and reasonable progress in matters of
(A) Entering the agreement described in Section 902(a)(1)(A);
(B) Developing or introducing legislation that will correspond to
subclauses (A) or (B) of Section 902(a)(2);
(2) National and sovereign organization of the foreign state and persons
controlled by them are not involved in illegal operation, distribution or
commercial use of industrial designs;
(3) Issuance of the decree will be in accordance with the goals of this Chapter
and the international community in the field of protection of industrial
designs.
It is clear from this provision that if the Secretary decides that another country
makes “sufficient” efforts to ensure protection of industrial design owners from the
USA and does not participate in piracy in the field of microcircuits, then the relevant
decree will contribute to the goals of the Act and the international community, foreign
citizens, and governments may be granted protection in accordance with the Act. This
provision was criticized by experts due to several reasons.
First, a petitioner for protection under the Article 914 can face the need to provide
extracts, bills, and correspondence from the foreign document to prove the fact that