107 STAT. 118 PUBLIC LAW 103-42 —JUNE 10, 1993 (4) by redesignating subparagraphs (D) and (E) as subparagraphs (F) and (G), respectively; (5) by inserting after subparagraph (C) the following: (D) the production of a product, process, or service,
- (£) the testing in connection with the production of
a product, process, or service by such venture,"; and (6) by striking "research" the last place it appears and inserting "such ventiire". (c) EXCLUSIONS. —Section 2(b) of the National Cooperative Research Act of 1984 (15 U.S.C. 4301(b)) is amended— (1) in the matter preceding paragraph (1) by striking "research and development"; (2) in paragraph (1) by striking "that is not reasonably required to conduct the research and development that is" and inserting "if such information is not reasonably required to carry out"; (3) by amending paragraph (2) to read as follows: "(2) entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the marketing, distribution, or provision by any person who is a party to such venture of any product, process, or service, other tnan— "(A) the distribution among the parties to such venture, in accordance with such venture, of a product, process, or service produced by such venture, "(B) the marketing of proprietary information, such as patents and trade secrets, developed through such venture formed under a written agreement entered into before the date of the enactment of the National Cooperative Production Amendments of 1993, or "(C) the licensing, conveying, or transferring of intellectual property, such as patents and trade secrets, developed through such ventiire formed under a written agreement entered into on or after the date of the enactment of the National Cooperative Production Amendments of 1993,"; (4) in paragraph (3)— (A) in subparagraph (A) by striking "or developments not developed tiirough" and inserting ", developments, products, processes, or services not developed through, or produced by,"; (B) in subparagraph (B) by striking "such party^ and inserting "any person who is a party to such venture"; and (C) by striking the period at the end and inserting a comma; and (5) by adding at the end the following: "(4) entering into any agreement or engaging in any other conduct allocating a market with a competitor, "(5) exchanging information among competitors relating to production (other than production by such venture) of a product, process, or service if such information is not reasonably required to carry out the purpose of such venture, "(6) entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the production (other than the production by such venture) of a product, process, or service.
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