37 CFR 150.4: Evaluation

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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150.4    Evaluation.

  • (a) Upon submission of a request by a foreign government for the issuance of a section 902 proclamation, if an interim order under section 914 has not been issued, the Director may initiate a section 914 proceeding if additional information is required.
  • (b) If an interim order under section 914 has been issued, the information obtained during the section 914 proceeding will be used in evaluating the request for a section 902 proclamation.
  • (c) After the Director receives the request of a foreign government for a section 902 proclamation, or after a determination is made by the Director to initiate independently an evaluation pursuant to § 150.2(a) of this part, a notice will be published in the Federal Register to request relevant and material comments on the adequacy and effectiveness of the protection afforded U.S. mask works under the system of law described in the notice. Comments should include detailed explanations of any alleged deficiencies in the foreign law or any alleged deficiencies in its implementation. If the alleged deficiencies include problems in administration such as registration, the respondent should include as specifically as possible full detailed explanations, including dates for and the nature of any alleged problems. Comments shall be submitted to the Director within sixty (60) days of the publication of the Federal Register notice.
  • (d) The Director shall notify the Register of Copyrights and the Committee on the Judiciary of the Senate and the House of Representatives of the initiation of an evaluation under these regulations.
  • (e) If the written comments submitted by any party present relevant and material reasons why a proclamation should not issue, the Director will:
    • (1) Contact the party raising the issue for verification and any needed additional information;
    • (2) Contact the requesting foreign government to determine if the issues raised by the party can be resolved; and,
      • (i) If the issues are resolved, continue with the evaluation; or,
      • (ii) If the issues cannot be resolved on this basis, hold a public hearing to gather additional information.
  • (f) The comments, the section 902 request, information obtained from a section 914 proceeding, if any, and information obtained in a hearing held pursuant to paragraph (e)(ii) of this section, if any, will be evaluated by the Director.
  • (g) The Director will forward the information to the Secretary, together with an evaluation and a draft recommendation.
  • (h) The Secretary will forward a recommendation regarding the issuance of a section 902 proclamation to the President.
[Added, 53 FR 24448, June 29, 1988, effective August 1, 1988; paras. (a) & (c)-(f) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003]