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tionship must have been constituted in a writing
signed by the owner before the filing of the notice.
The Copyright Office may specifically require in reg-
ulations other information to be included in the no-
tice, but failure to provide such other information
shall not invalidate the notice or be a basis for re-
fusal to list the restored work in the Federal Reg-
ister.
‘‘(ii) If a work in which copyright is restored
has no formal title, it shall be described in the notice
of intent in detail sufficient to identify it.
‘‘(iii) Minor errors or omissions may be cor-
rected by further notice at any time after the notice
of intent is filed. Notices of corrections for such
minor errors or omissions shall be accepted after the
period established in subsection (d)(2)(A)(i). Notices
shall be published in the Federal Register pursuant
to subparagraph (B).
‘‘(B)(i) The Register of Copyrights shall publish
in the Federal Register, commencing not later than
4 months after the date of restoration for a particu-
lar nation and every 4 months thereafter for a pe-
riod of 2 years, lists identifying restored works and
the ownership thereof if a notice of intent to enforce
a restored copyright has been filed.
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‘‘(ii) Not less than 1 list containing all notices
of intent to enforce shall be maintained in the Public
Information Office of the Copyright Office and shall
be available for public inspection and copying during
regular business hours pursuant to sections 705 and
708. Such list shall also be published in the Federal
Register on an annual basis for the first 2 years
after the applicable date of restoration.
‘‘(C) The Register of Copyrights is authorized
to fix reasonable fees based on the costs of receipt,
processing, recording, and publication of notices of
intent to enforce a restored copyright and correc-
tions thereto.
‘‘(D)(i) Not later than 90 days before the date
the Agreement on Trade-Related Aspects of Intellec-
tual Property referred to in section 101(d)(15) of
the Uruguay Round Agreements Act enters into
force with respect to the United States, the Copy-
right Office shall issue and publish in the Federal
Register regulations governing the filing under this
subsection of notices of intent to enforce a restored
copyright.
‘‘(ii) Such regulations shall permit owners of re-
stored copyrights to file simultaneously for registra-
tion of the restored copyright.
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‘‘(2) NOTICES OF INTENT SERVED ON A RELI-
ANCE PARTY.—(A) Notices of intent to enforce a re-
stored copyright may be served on a reliance party
at any time after the date of restoration of the re-
stored copyright.
‘‘(B) Notices of intent to enforce a restored
copyright served on a reliance party shall be signed
by the owner or the owner’s agent, shall identify the
restored work and the work in which the restored
work is used, if any, in detail sufficient to identify
them, and shall include an English translation of the
title, any other alternative titles known to the owner
by which the work may be identified, the use or uses
to which the owner objects, and an address and tele-
phone number at which the reliance party may con-
tact the owner. If the notice is signed by an agent,
the agency relationship must have been constituted
in writing and signed by the owner before service of
the notice.
‘‘(3) EFFECT
OF
MATERIAL
FALSE
STATE-
MENTS.—Any material false statement knowingly
made with respect to any restored copyright identi-
fied in any notice of intent shall make void all claims
and assertions made with respect to such restored
copyright.
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‘‘(f) IMMUNITY FROM WARRANTY AND RELATED LI-
ABILITY.—
‘‘(1) IN GENERAL.—Any person who warrants,
promises, or guarantees that a work does not violate
an exclusive right granted in section 106 shall not
be liable for legal, equitable, arbitral, or administra-
tive relief if the warranty, promise, or guarantee is
breached by virtue of the restoration of copyright
under this section, if such warranty, promise, or
guarantee is made before January 1, 1995.
‘‘(2) PERFORMANCES.—No person shall be re-
quired to perform any act if such performance is
made infringing by virtue of the restoration of copy-
right under the provisions of this section, if the obli-
gation to perform was undertaken before January 1,
1995.
‘‘(g) PROCLAMATION
OF
COPYRIGHT
RESTORA-
TION.—Whenever the President finds that a particular
foreign nation extends, to works by authors who are na-
tionals or domiciliaries of the United States, restored
copyright protection on substantially the same basis as
provided under this section, the President may by procla-
mation extend restored protection provided under this sec-
tion to any work—
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‘‘(1) of which one or more of the authors is, on
the date of first publication, a national, domiciliary,
or sovereign authority of that nation; or
‘‘(2) which was first published in that nation.
The President may revise, suspend, or revoke any such
proclamation or impose any conditions or limitations on
protection under such a proclamation.
‘‘(h) DEFINITIONS.—For purposes of this section and
section 109(a):
‘‘(1) The term ‘date of adherence or proclama-
tion’ means the earlier of the date on which a for-
eign nation which, as of the date the WTO Agree-
ment enters into force with respect to the United
States, is not a nation adhering to the Berne Con-
vention or a WTO member country, becomes—
‘‘(A) a nation adhering to the Berne Con-
vention or a WTO member country; or
‘‘(B) subject to a Presidential proclamation
under subsection (g).
‘‘(2) The ‘date of restoration’ of a restored
copyright is the later of—
‘‘(A) the date on which the Agreement on
Trade-Related Aspects of Intellectual Property
referred to in section 101(d)(15) of the Uru-
guay Round Agreements Act enters into force
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with respect to the United States, if the source
country of the restored work is a nation adher-
ing to the Berne Convention or a WTO member
country on such date; or
‘‘(B) the date of adherence or proclama-
tion, in the case of any other source country of
the restored work.
‘‘(3) The term ‘eligible country’ means a nation,
other than the United States, that is a WTO mem-
ber country, adheres to the Berne Convention, or is
subject to a proclamation under section 104A(g).
‘‘(4) The term ‘reliance party’ means any per-
son who—
‘‘(A) with respect to a particular work, en-
gages in acts, before the source country of that
work becomes an eligible country, which would
have violated section 106 if the restored work
had been subject to copyright protection, and
who, after the source country becomes an eligi-
ble country, continues to engage in such acts;
‘‘(B) before the source country of a par-
ticular work becomes an eligible country, makes
or acquires 1 or more copies or phonorecords of
that work; or
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‘‘(C) as the result of the sale or other dis-
position of a derivative work covered under sub-
section (d)(3), or significant assets of a person
described in subparagraph (A) or (B), is a suc-
cessor, assignee, or licensee of that person.
‘‘(5) The term ‘restored copyright’ means copy-
right in a restored work under this section.
‘‘(6) The term ‘restored work’ means an origi-
nal work of authorship that—
‘‘(A) is protected under subsection (a);
‘‘(B) is not in the public domain in its
source country through expiration of term of
protection;
‘‘(C) is in the public domain in the United
States due to—
‘‘(i) noncompliance with formalities
imposed at any time by United States
copyright law, including failure of renewal,
lack of proper notice, or failure to comply
with any manufacturing requirements;
‘‘(ii) lack of subject matter protection
in the case of sound recordings fixed before
February 15, 1972; or
‘‘(iii) lack of national eligibility; and
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‘‘(D) has at least one author or rightholder
who was, at the time the work was created, a
national or domiciliary of an eligible country,
and if published, was first published in an eligi-
ble country and not published in the United
States during the 30-day period following publi-
cation in such eligible country.
‘‘(7) The term ‘rightholder’ means the person—
‘‘(A) who, with respect to a sound record-
ing, first fixes a sound recording with author-
ization, or
‘‘(B) who has acquired rights from the per-
son described in subparagraph (A) by means of
any conveyance or by operation of law.
‘‘(8) The ‘source country’ of a restored work
is—
‘‘(A) a nation other than the United
States;
‘‘(B) in the case of an unpublished work—
‘‘(i) the eligible country in which the
author or rightholder is a national or
domiciliary, or, if a restored work has more
than 1 author or rightholder, the majority
of foreign authors or rightholders are na-
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tionals or domiciliaries of eligible countries;
or
‘‘(ii) if the majority of authors or
rightholders are not foreign, the nation
other than the United States which has the
most significant contacts with the work;
and
‘‘(C) in the case of a published work—
‘‘(i) the eligible country in which the
work is first published, or
‘‘(ii) if the restored work is published
on the same day in 2 or more eligible
countries, the eligible country which has
the most significant contacts with the
work.
‘‘(9) The terms ‘WTO Agreement’ and ‘WTO
member country’ have the meanings given those
terms in paragraphs (9) and (10), respectively, of
section 2 of the Uruguay Round Agreements Act.’’.
(b) LIMITATION.—Section 109(a) of title 17, United
States Code, is amended by adding at the end the follow-
ing: ‘‘Notwithstanding the preceding sentence, copies or
phonorecords of works subject to restored copyright under
section 104A that are manufactured before the date of
restoration of copyright or, with respect to reliance par-
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ties, before publication or service of notice under section
104A(e), may be sold or otherwise disposed of without the
authorization of the owner of the restored copyright for
purposes of direct or indirect commercial advantage only
during the 12-month period beginning on—
‘‘(1) the date of the publication in the Federal
Register of the notice of intent filed with the Copy-
right Office under section 104A(d)(2)(A), or
‘‘(2) the date of the receipt of actual notice
served under section 104A(d)(2)(B),
whichever occurs first.’’.
(c) CONFORMING AMENDMENT.—The item relating
to section 104A in the table of sections for chapter 1 of
title 17, United States Code, is amended to read as fol-
lows:
‘‘104A. Copyright in restored works.’’.
Subtitle B—Trademark Provisions
SEC. 521. DEFINITION OF ‘‘ABANDONED’’.
Section 45 of the Act entitled ‘‘An Act to provide for
the registration and protection of trade-marks used in
commerce, to carry out the provisions of certain inter-
national conventions, and for other purposes’’, approved
July 5, 1946 (15 U.S.C. 1127) (hereafter in this title re-
ferred to as the ‘‘Trademark Act of 1946’’), is amended
by amending the paragraph defining ‘‘abandoned’’ to read
as follows:
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‘‘A mark shall be deemed to be ‘abandoned’ if either
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
mark. Purchaser motivation shall not be a test for
determining abandonment under this paragraph.’’.
SEC. 522. NONREGISTRABILITY OF MISLEADING GEO-
GRAPHIC INDICATIONS FOR WINES AND SPIR-
ITS.
Subsection (a) of section 2 of the Trademark Act of
1946 (15 U.S.C. 1052(a)) is amended to read as follows:
‘‘(a) Consists of or comprises immoral, deceptive, or
scandalous matter; or matter which may disparage or
falsely suggest a connection with persons, living or dead,
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institutions, beliefs, or national symbols, or bring them
into contempt, or disrepute; or a geographical indication
which, when used on or in connection with wines or spirits,
identifies a place other than the origin of the goods and
is first used on or in connection with wines or spirits by
the applicant on or after one year after the date on which
the WTO Agreement (as defined in section 2(9) of the
Uruguay Round Agreements Act) enters into force with
respect to the United States.’’.
SEC. 523. EFFECTIVE DATE.
The amendments made by this subtitle take effect
one year after the date on which the WTO Agreement en-
ters into force with respect to the United States.
Subtitle C—Patent Provisions
SEC. 531. TREATMENT OF INVENTIVE ACTIVITY.
(a) IN GENERAL.—Section 104 of title 35, United
States Code, is amended to read as follows:
‘‘§ 104. Invention made abroad
‘‘(a) IN GENERAL.—
‘‘(1) PROCEEDINGS.—In proceedings in the
Patent and Trademark Office, in the courts, and be-
fore 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