Page:United States Statutes at Large Volume 102 Part 2.djvu/211

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1215

"(A) the burden of proof in any proceeding before the Commission regarding such petition shall be on the petitioner; and "(B) relief may be granted by the Commission with respect to such petition— "(i) on the basis of new evidence or evidence that could not have been presented at the prior proceeding, or "(ii) on grounds which would permit relief from a judgment or order under the Federal Rules of Civil Procedure.'. (7) Subsection (1) (as redesignated by paragraph (5)(B) of this section) is amended— (A) by striking out "claims of United States letters patent" in the first sentence and inserting "a proceeding involving a patent, copjnright, or mask work under subsection (a)(D"; and (B) by striking out "a patent owner" in the second sentence and inserting "an owner of the patent, copyright, or mask work". (8) Such section is further amended by adding at the end the following: "(n)(l) Information submitted to the Commission or exchanged Classified among the parties in connection with proceedings under this section information. which is properly designated as confidential pursuant to Commission rules may not be disclosed (except under a protective order issued under r^ulations of the Commission which authorizes limited disclosure of such information) to any person (other than a person described in paragraph (2)) without the consent of the person submitting it. "(2) Notwithstanding the prohibition contained in paragraph (1), information referred to in that paragraph may be disclosed to ^ "(A) an officer or employee of the Commission who is directly concerned with carrying out the investigation in connection with which the information is submitted, "(B) an officer or employee of the United States Government who is directly involved in the review under subsection (h), or "(C) an officer or employee of the United States Customs Service who is directly involved in administering an exclusion from entry under this section resulting from the investigation in connection with which the information is submitted.". (b) TECHNICAL AMENDMENTS.—Section 337 (as amended by subsection (a)) is further amended— (1) by amending subsection (b)— (A) by striking out "Department of Health, Education, and Welfare" in paragraph (2) and inserting "Department of Health and Human Services"; and (B) by striking out "Secretary of the Treasunr" in paragraph (3) and inserting "Secretmy of Commerce'; (2) by amending subsection (c)— (A) by striking out "or (f)" and inserting "(f), or (g)", and (B) by striking out "and (f)" and inserting "(f), and (g)"; (3) by striking out "or (f)" each place it appears in subsection (j) and inserting "(D, (g), or (i)"; (4) by striking out "(g)" in subsection (k) and inserting "(j)"; and (5) by striking out "or (f)" in subsection (1) and inserting "(f), (g),or(i)". (c) CONFORMING AMENDMENT.—The Act entitled "An Act to limit the importation of products made, produced, processed, or mined