Page:United States Statutes at Large Volume 105 Part 3.djvu/706

 105 STAT. 2590 PROCLAMATION 6307—JUNE 24, 1991 In connection with the signing on this date of the Agreement on Trade Relations between the United States of America and the Republic of Bulgaria (the "Agreement"), I have the honor to confirm the understanding reached by our Governments regarding the protection of intellectual property as set forth in Article IX of the Agreement. 1. Each Party reaffirms its conmiitments to those international agreements relating to intellectual property to which both Parties are signatories. Specifically, each Party reaffirms the commitments made with respect to the Paris convention for the Protection of Industrial Property as reAased at Stockholm in 1967, the Berne Convention for the Protection of Literary and Artistic Works as revised at Paris in 1971, and the Universal Copyright Convention of September 6, 1952 as revised at Paris on July 24, 1971. The Parties agree to adhere to the Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (1971). - 2. To provide adequate and effective protection and enforcement of intellectual property rights, each Party shall, inter alia observe the following commitments: (a) Copyright and related rights (i) Each Party shall protect the works listed in Article 2 of the Berne Convention (Paris 1971) and any other works now known or later developed, that embody original expressions within the meaning of the Berne Convention, not limited to the following: (1) all types of computer programs (including application programs and operating systems) expressed in any language, whether in source or object code which shall be protected as literary works and works created by or with the use of computers; and (2) collections or compilations of protected or unprotected material or data whether in print, machine readable or any other medium, including data bases, which shall be protected if they constitute intellectual creation by reason of the selection, coordination, or arrangement of their contents. (ii) Rights in works protected pursuant to paragraph 2(a)(i) of this letter shall include, inter alia, the following: (1) the right to import or authorize the importation into the territory of the Party of lawfully made copies of the work as well as the right to prevent the importation into the territory of the Party of copies of the work made without the authorization of the right-holder; (2) the right to make the first public distribution of the original or each authorized copy of a work by sale, rental, or otherwise; and (3) the right to make a public communication of a work [e.g., to perform, display, project, exhibit, broadcast, transmit, or retransmit a work); the term "public" shall include: (A) communicating a work in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or

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