(2) Whenever the President finds that a foreign nation extends, to mask
works of owners who are nationals or domiciliaries of the United States
protection (A) on substantially the same basis as that on which the
foreign nation extends protection to mask works of its own nationals and
domiciliaries and mask works first commercially exploited in that
nation, or (B) on substantially the same basis as provided in this
chapter, the President may by proclamation extend protection under this
chapter to mask works (i) of owners who are, on the date on which the
mask works are registered under section 908, or the date on which the
mask works are first commercially exploited anywhere in the world,
whichever occurs first, nationals, domiciliaries, or sovereign
authorities of that nation, or (ii) which are first commercially
exploited in that nation. The President may revise, suspend, or revoke
any such proclamation or impose any conditions or limitations on
protection extended under any such proclamation.
(b) Protection under this chapter shall not be available for a mask work
that-
(1) is not original; or
(2) consists of designs that are staple, commonplace, or familiar in the
semiconductor industry, or variations of such designs, combined in a way
that, considered as a whole, is not original.
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