Page:United States Statutes at Large Volume 105 Part 3.djvu/727

 PROCLAMATION 6308—JUNE 24, 1991 105 STAT. 2611 erty in the Paris Convention for the Protection of Industrial Property of March 29, 1883, as revised at Stockholm on July 14, 1967. 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 adhere to the Berne Convention for the Protection of Literary and Artistic Works (Paris 1971) ("Berne Convention"). In addition, it shall comply with the provisions set forth below. (ii) Works protected by copyright means any original, intellectual creative work of literary or artistic character, irrespective of their value, their literary or artistic merits or their purpose, and include, inter alia, the following: (1) all types of computer programs; (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. (iii) The rights protected pursuant to paragraph 2(a) this Article 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 commimication of a work [e.g., to perform, display, project, exhibit, broadcast, transmit, or retransmit a work). (iv) Each Party shall extend the protection afforded under this section to authors (as defined under the Berne Convention) of the other Party, whether they are natural persons or, where the other Party's domestic law so provides, companies and organizations, and to their successors in title. (v) Protected rights under paragraph 2(a) of this Article shall be freely and separately exploitable and transferable. (vi) Each Party shall confine any limitations or exceptions to the rights provided under paragraph 2(a) of this Article (including any limitations or exceptions that restrict such rights to "public" activity) to clearly and carefully defined special cases which do not impair an actual or potential market for or the value of a protected work. (vii) If either Party has afforded no protection to works of foreign origin, it shall provide protection, consistent with this section, for all works of the other Party that are not in the public domain in their country of origin at the time of entry into force of this Agreement in its territory. r

�