Page:United States Statutes at Large Volume 104 Part 6.djvu/966

 104 STAT. 5356 PROCLAMATION 6175—SEPT. 6, 1990 ARTICLE X. — PROTECTION OF INTELLECTUAL PROPERTY RIGHTS 1. Both Parties agree to provide adequate and effective protection and enforcement for patents, trademarks, copyrights, trade secrets and layout designs for integrated circuits. Each Party reaffirms its commitments to those international agreements relating to intellectual property to which both Parties are signatories. 2. Each Party reaffirms the commitments made with respect to industrial property in the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised at Stockholm on July 14, 1967. 3. Each Party reaffirms the commitments made in the Universal Copy- right Convention of September 6, 1952, as revised at Paris on July 24, 1971 as well as their commitments made in the Beme Convention for the Protection of Literary and Artistic Works of September 9, 1886, as revised at Paris on July 14, 1971. 4. To provide adequate and effective protection and enforcement of intellectual property rights, each Party shall, inter alia (a) Provide copyright protection for computer programs and databases as literary works under its copyright laws. (b) Extend the term of protection for audiovisual works to at least fifty years from the date the work is made public. (c) Provide protection for sound recordings for a term of at least fifty years from publication, and shall provide rights to prevent unauthorized distribution, reproduction and importation. In addition, the terms ' of such protection shall permit the owner of rights in the sound recording to prevent the unauthorized rental of a copy of the sound recording, notwithstanding the purchase of the sound recording. (d) Provide protection for integrated circuit layout designs. (e) Provide product and process protection for all areas of technology (except the Parties may exclude materials useful solely in atomic weapons]. (f) Provide comprehensive protection for trade secrets. 5. The Parties agree to submit to their respective legislative bodies no later than December 31, 1991 the legislation necessary to carry out the obligations of this Agreement and to exert their best efforts to enact and implement this legislation by that date. ARTICLE XL—IMPORT RELIEF 1. The Parties agree to consult promptly at the request of either Party whenever either actual or prospective imports of products originating in the territory of the other Party cause or threaten to cause or significantly contribute to market disruption. Market disruption exists within a domestic industry whenever imports of an article, like or directly competitive with an article produced by such domestic industry, are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat thereof, to such domestic industry.

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