[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR150.4]

[Page 410-411]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 150--REQUESTS FOR PRESIDENTIAL PROCLAMATIONS PURSUANT TO 17 U.S.C. 902(a)(2)--Table of Contents
 
Sec. 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 Commissioner may

[[Page 411]]

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 Commissioner receives the request of a foreign 
government for a section 902 proclamation, or after a determination is 
made by the Commissioner to initiate independently an evaluation 
pursuant to Sec. 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 Commissioner within sixty 
(60) days of publication of the Federal Register notice.
    (d) The Commissioner shall notify the Register of Copyrights and the 
Committees 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 
Commissioner 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 Commissioner.
    (g) The Commissioner 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.