[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR150.4]

[Page 421]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, 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 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 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 Director within sixty (60) days of publication 
of the Federal Register notice.
    (d) The Director 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 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.