Page:United States Statutes at Large Volume 115 Part 3.djvu/640

 115 STAT. 2714 PROCLAMATION 7449-^JUNE 8, 2001 Article2 Defiakioiis For purposes of this Chapter: 1. "confidential nfonnatioD" includes trade secrets, privileged information, and other undisclosed information that has not become subject to an unrestricted public disclosure under the Party's domestic law 2. "encrypted program-carrying satellite signal" means a program-carrying satellite signal that is transmitted in a form wherebythe aural or visual chaiaaeristics, or both, are modified or alteredforthe purpose ofpreventing the unauthorized reception ofa program carried in that signal by persons withoutthe authorized equipment thatis designed to eliminate the effects of such modification or aheralion. 3. "intellectual property rights" refers to copyrights and related rights, trademarks, patents, layout designs (topographies) of integrated circuits, encrypted program<aiTying satellite signals, confidential information (trade secrets), industrial designs and rights in plant varieties. 4 "lawrfiil distributor of an encrypted satellite signal" in a Party means the person who originally transmitted the signal. 5 "national' of a Party shall, in respect of the relevant intellectual property rights, be understood as those natural or legal persons that would meet the criteriaforeligibility for protection provided for in the Paris Convention, the Berne Convention, the Geneva Convemion, the Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, the International Convention for (he Protection of Performers, Producers of Phonograms and Broadcasting Organizations, the UPOV Convention (1978), the UPOV Convemion (1991) or the Treaty on Intellectual Property in Respect of Integrated Circuits adopted at Washington in 1989, as if each Party were a Party to those Conventions, and with respect tointellectual property rights that are not the subject ofthese Conventions, "national of a Party" shall be understood at least (o include any person that is a citizen or permanent resident of thatParty 6 "public" includes, with respect to rights of communication and performance of works provided for under Articles II, 1 lirs(l)and l4(I)(ipof the Bemc Convention, with respect to dramatic, dramatico-musical, musical and cinematographic works, at least, any aggregation of individuals imended to be the object of. and capable of perceiving, communications or performances of works, regardless of whether they can do so at the same or difierent times or in the same or different places, provided that such an aggregation is larger than a family and its immediate circle of acquaintances or is not a group comprising fo

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