106 STAT. 5344 PROCLAMATION 6449-JUNE 22, 1992 patented process, the patent confers the right to prevent others not having consent from using that process and from using, selling, or importing at least the product obtained directly by that process. (2) Where the subject matter of a patent is a process for obtaining a product, each Party shall provide that the burden of establishing that an alleged infringing product was not made by the process shall be on the alleged infringer if the patent owner presents evidence that a substantial likelihood exists that the product was made by the process and the patent owner has been unable through reasonable efforts to determine the process actually used. In the gathering and evaluation of evidoice to the contrary, the legitimate interests of the defendant in protecting his trade secrets shall be taken into account (3) A patent may be revoked only on grounds that would have justiHed a refusal to grant the patent. (iii) Exceptions Each Party may provide limited exceptions to the exclusive rights conferred by a patent, such as for acts done for expra-imental purposes, provided that the exceptions do not significantly prejudice the economic interests of the right-holder, taking account of the legitimate interests of third parties. (iv) Term of Protection Each Party shall provide a t«m of protection of at least 20 years from the date of filing of the patent application or 17 years from the date of grant of the patent Each Party is encouraged to extend the term of patent protection, in appropriate cases, to compensate for delays caused by regulatory approval processes. (v) Transitional Protection A Party shall provide transitional protection for products embodying subject matter deemed to be unpat^itable under its patent law prior to its implementation of the provisions of this letter, where the following conditions are satisfied: (1) the subject matter to which the product relates will become patentable after implementation of the provisions of this letter; and (2) a patent has been issued for the product by the other Party prior to the entry into force of the Agreement; and (3) the product has not been marketed in the territory of the Party providing such transitional protection. The owner of a patent for a product satisfying the conditions set forth above shall have the right to submit a copy of the patent to the competent authority of the Party providing transitional protection. Such Party shall limit the right to make, use, or sell the product in its territory to such owner for a term to expire with that of the patent submitted. (vi) Compulsory Licenses "^ Each Party may limit the patrait owner's exclusive rights through compulsory licaises but only (1) to remedy an adjudicated violation of competition laws, (2) to address, only during its existence, a declared national emergency, and (3) to enable compliance with national air pollutant standards, where compulsory licenses are essential to such compliance. Where the law of a Party allows for the grant of compulsory licenses, the following provisions shall be respected: (1) Compulsory licenses shall be non-exclusive and non-assignable except with that part of the enterprise which exploits such license. (2) The payment of remuneration to the patent owner adequate to compensate the patent owner fully for the license shall be required, except for compulsory licenses to remedy adjudicated violations of competition law. (3) Each case involving the possible grant of a compulsory license shall be considered on its individual merits except that such consideration may be waived in cases of a declared national emeigency. (4) Any compulsory license shall be revoked when the circumstances which led to its granting cease to exist, taking into account the legitimate interests of the patent owner
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