Trade-Related Aspects of Intellectual Property Rights Implementation Act of 1994

Trade-Related Aspects of Intellectual Property Rights Implementation Act of 1994 - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date for the prohibition on unauthorized commercial rental or leasing of computer programs (thus making the prohibition permanent). (Sec. 3) Amends the Federal criminal code to establish monetary and imprisonment penalties for persons who, for commercial advantage or private financial gain, and without the consent of the performer or the performer's agent, willfully: (1) fixes the sounds of a live performance in a sound recording; (2) communicates such sounds to the public; or (3) reproduces, distributes, sells, rents, or communicates to the public or possesses such sounds in order to create or fix such performance in a sound recording. Declares that the above prohibition shall take effect and apply to the following acts one year after the entry into force of the World Trade Organization Agreement: (1) performances fixed on and after such date; (2) traffic in articles containing sounds fixed without their performer's authorization; and (3) broadcasts, transmissions or other disseminations of sounds fixed without their performer's authorization on and after such date without regard to the date upon which the article containing such sounds was fixed. (Sec. 4) Applies existing civil remedies for copyright infringement to the above-mentioned prohibited activities. Prohibits the importation, sale, rental, or other distribution of such articles that are manufactured outside of the United States. (Sec. 5) Amends Federal copyright law to replace current provisions regarding copyright in certain motion pictures with new provisions concerning copyright in restored works. Declares that a copyright in a restorable work vests automatically on the date of restoration. Provides that any restorable work shall have copyright protection for the remainder of the term of the copyright protection that it would otherwise have enjoyed in the United States. Declares that a restored work vests initially in the author of the work as determined by the law of the work's source country. Authorizes any person owning a restored copyright or an exclusive right in such work to file a notice of intent with the Copyright Office to enforce that copyright against reliance parties or serve such notice directly. Defines a "reliance party" as a person who, before the enactment of the Intellectual Property Rights General Agreement on Tariffs and Trade Implementation Act of 1994, or with respect to a restorable work having a source country that was not an eligible country until after the effective date of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPs), or before the date of adherence or proclamation: (1) was significantly engaged in acts of reproduction of restorable works; or (2) had, in preparing to do such acts, either acquired a substantial number of copies or phonorecords of a restorable work, or made substantial monetary investments in such works. Sets forth remedies for infringement of copyrights in restored works. Permits the President, whenever a foreign nation extends to U.S. authors restored copyright protection similar to that provided under this Act, to extend restored protection by proclamation to any work: (1) of which one or more of the authors is a national, domiciliary, or sovereign authority of such nation; or (2) which was first published in such nation. (Sec. 6) Amends the Trademark Act of 1946 to consider nonuse of a mark for three (currently, two) consecutive years to be prima facie evidence of abandonment. (Sec. 7) Makes trademarks regarding geographic indications, when first used in connection with wines or spirits after the WTO Agreement's effective date, nonregistrable if the geographic indication is a place other than the origin of the goods. (Sec. 8) Amends Federal patent law to extend U.S. intellectual property protections to inventions made in other countries by persons who are domiciled in a North American Free Trade Agreement (NAFTA) country or WTO member country and who are serving in any other country in connection with operations by or on behalf of the United States, a NAFTA country, or a WTO member country. (Sec. 9) Revises Federal patent law to lengthen a patent term from 17 years to 20 years from the date of filing. Provides that, if the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years. Deems offering to sell or import a patented invention into the United States to be patent infringement. (Sec. 10) Requires the term of a patent (except patents for designs) that is in force upon the effective date of this section to be the greater of the 20-year term provided or 17 years after the date of the grant. Prescribes requirements for the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States. Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent.