United States. Congress

“ ESTABLISHMENT OF DATE.An applicant for a patent, or a patentee, may not establish a date of invention for purposes of title 35, United States Code, that is earlier than 12 months after the date of entry into force of the WTO Agreement with respect to the United States by reference to knowledge or use, or other activity, in a WTO member country, except as provided in sections 119 and 365 of such title. ”

“ 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 administrative 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. ”

“ IN GENERAL.-Chapter 113 of title 18, United States Code, is amended by inserting after section 2319 the following: "§2319A. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances
" (a) OFFENSE.-Whoever, without the consent of the performer or performers involved, knowingly and for purposes of commercial advantage or private financial gain " (1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation; " ”

“ AUTHORIZATION.A provisional application for patent shall be made or authorized to be made by the inventor, except as otherwise provided in this title, in writing to the Commissioner. Such application shall include " (A) a specification as prescribed by the first paragraph of section 112 of this title; and " (B) a drawing as prescribed by section 113 of this title. " (2) CLAIM.A claim, as required by the second through fifth paragraphs of section 112, shall not be required in a provisional application. " (3) FEE. (A) The application must be accompanied by the fee required by law. " ”

“ 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. ”

“ The court may also, in its discretion, order the forfeiture and destruction of any other equipment by means of which such copies or phonorecords may be reproduced, taking into account the nature, scope, and proportionality of the use of the equipment in the offense. ”

“ DEFINITIONS.-As used in this section " (1) the terms 'copy', 'fixed', 'musical work', 'phonorecord', 'reproduce', 'sound recordings', and 'transmit' mean those terms within the meaning of title 17; and " (2) the term 'traffic in' means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of. " (e) APPLICABILITY.This section shall apply to any Act or Acts that occur on or after the date of the enactment of the Uruguay Round Agreements Act. ”