s the case may be, first pays or offers to
pay the reasonable royalty referred to in section 907(a)(2) to the mask
work owner, on all such units imported or distributed, or both, after
the date of the enactment of this chapter.
(3) In the event that a person imports or distributes infringing
semiconductor chip product units described in paragraph (2) of this
subsection without first paying or offering to pay the reasonable
royalty specified in such paragraph, or if the person refuses or fails
to make such payment, the mask work owner shall be entitled to the
relief provided in sections 910 and 911.
Section 914. International transitional provisions [8]
(a) Notwithstanding the conditions set forth in subparagraphs (A) and
(C) of section 902(a)(1) with respect to the availability of protection
under this chapter to nationals, domiciliaries, and sovereign
authorities of a foreign nation, the Secretary of Commerce may, upon the
petition of any person, or upon the Secretary's own motion, issue an
order extending protection under this chapter to such foreign nationals,
domiciliaries, and sovereign authorities if the Secretary finds-
(1) that the foreign nation is making good faith efforts and reasonable
progress toward-
(A) entering into a treaty described in section 902(a)(1)(A); or
(B) enacting or implementing legislation that would be in compliance
with subparagraph (A) or (B) of section 902(a)(2); and
(2) that the nationals, domiciliaries, and sovereign authorities of the
foreign nation, and persons controlled by them, are not engaged in the
misappropriation, or unauthorized distribution or commercial
exploitation, of mask works; and
(3) that issuing the order would promote the purposes of this chapter
and international comity with respect to the protection of mask works.
(b) While an order under subsection (a) is in effect with respect to a
foreign nation, no application for registration of a claim for
protection in a mask work under this chapter may be denied solely
because the owner of the mask work is a national, domiciliary, or
sovereign authority of that foreign nation, or solely because the mask
work was first commercially exploited in that foreign nation.
(c) Any order issued by the Secretary of Commerce under subsection (a)
shall be effective for such a period as the Secretary designates in the
order, except that no such order may be effective after that date on
which the authority of the S
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