Page:United States Statutes at Large Volume 98 Part 3.djvu/1145

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PUBLIC LAW 98-000—MMMM. DD, 1984


98 STAT. 3517

the Federal Republic of Germany, the United Kingdom, South Africa, Hungary, Taiwan, and Australia; "Since Japan is reviewing a proposal to abandon copyright protection of software and to adopt a system that rejects the principle that software is a work of authorship; "Since Japan is reviewing a proposal that also provides broadly for the compulsory licensing of software; and "Since the enactment by Japan of such a proposal could prompt the adoption of similar proposals by other nations currently considering this question, with serious adverse effects on the existing international order for the protection of intellectual property rights: Now, therefore, be it "Declared that it is the sense of the Congress that— "(1) copyright protection is an essential form of intellectual property right protection for computer software; "(2) any proposal to abandon copyright protection of software or to provide a new system of legal protection that incorporates compulsory licensing of software would (A) disserve the goal of promoting continuing development and innovation in computer software; (B) undermine the international consensus that computer software is a work of authorship protected by copyright; (C) result in economic harm to the computer software industry of the United States, and also of Japan and of other nations; and (D) contribute to increasing trade tensions among the nations of the world; and "(3) if a nation withdraws copyright protection of software or provides for broad compulsory licensing of software, it would be in the interests of the United States and other nations to seek appropriate relief, including that provided under the Universal Copyright Convention, to ensure the just protection of intellectual property rights and the promotion of free and fair trade.". (B) Amend the table of contents of the bill to reflect the amendment made under subparagraph (A). (5) In paragraph (3) of section 516A(a) of the Tariff Act of 1930, as proposed to be inserted by paragraph (4) of section 623(a) of the bill, strike out "which is predicated upon the size of either the dumping margin or net subsidy determined to exist" immediately before the period at the end thereof. (6) In section 505 of the bill, strike out subsection (c) and insert in lieu thereof the following: "(c) Section 504 (19 U.S.C. 2464) is amended by adding at the end thereof the following new subsection: "(f)(1) If the President determines that the per capita gross national product (calculated on the basis of the best available information, including that of the World Bank) of any beneficiary developing country for any calendar year (hereafter in this subsection referred to as the 'determination year') after 1984, exceeds the applicable limit for the determination year— "(A) subsection (c)(1)(B) shall be applied for the 2-year period beginning on July 1 of the calendar year succeeding the determination year by substituting '25 percent' for '50 percent', and "(B) such country shall not be treated as a beneficiary developing country under this title after the close of such 2-year period. "(2)(A) For purposes of this subsection, the term 'applicable limit' means the sum of—