Page:United States Statutes at Large Volume 106 Part 6.djvu/783

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PROCLAMATION 6449~JUNE 22, 1992 106 STAT. 5341 Bucharest. April 3, 1992. The Honorable Constantin Fota, Minister of Commerce and Tourism Romania Dear Mr. Minister, I have the honor to confirm n)ceipt of your letter that reads as follows: Dear Mr. Ambassador: In connection with the signing on this date of the Agreemrait on Trade Relations between the Government of the United States and the Government of Romania (the "Agreement"), I have the honor to confirm the understanding reached by our Governments as follows: The Parties agree to provide adequate and effective protection and enforcement of intellectual property rights in patents, trademarks, copyrights, trade secrets, and layout designs for integrated circuits. Each Party reafHrms its commitments to those international agreements relating to intellectual property to which both Parties are signatories. SpeciH- cally, each Party reaffirms the commitments made with respect to the Paris Convention for the Protection of Industrial Property (Stockholm Act, 1967) and the Berne Convention for the I*rotection of Literary and Artistic Works. 1. Each Party shall provide no less favorable treatment to the right holders of the other Party than it provides to its own right holders with respect to laws, regulations and practices implementing the provisions of diis letter. 2. To provide adequate and effective protection and enforcement of intellectual property rights, each Party shall continue to adhere to the Paris Convention for the Protection of Industrial Property (Stockhoilm Act, 1967) (Paris Convention), and shall adhere to the Berne Convention for the protection of Literary and Artistic Works (Paris 1971) (Berne Convention), and the Geneva Convention for the Protection of Producers of Phonograms (Geneva Convention) and shall also ol>serve, inter alia, the following: (a) Copyright and Related Rights (i) Each Party shall protect the works listed in Article 2 of the Berne Convention and any other works now known or later developed, that embody original expression within the meaning of the Berne Convention, including: (1) all types of computer programs (including application programs and operating systems) expressed in any language, whether in source or object form which shall be protected as literary works; and, (2) collections or compilations of protected or improtected material or data whether in print, machine readable or any other medium, including data bases, which shall be protected in so far as they constitute an intellectual creation by reason of the selection, coordination, or arrangement of their contents. (ii) Each Party shall ensure that the rights provided to authors in works protected pursuant to paragraph 2(a)(i) of this letter shall include, the following: (1) the exclusive right to import or authorize the importation into the territory of the Party of lawfully made copies of the work; (2) the exclusive right to prevent the importation into the territory of the Party of copies of the work made without the authorization of the right-holder; (3) the exclusive right to make the first public distribution of the original or each authorized copy of a work by sale, rental, or otherwise; i (4) in respect of at least computer programs, the exclusive right to authorize or prohibit the rental of the original or copies of their copyrighted works. Each Party may exclude from the rental right programs tl:iat are Hxed as part of a machine or are fixed in a medium that is not susceptible to copying. Putting the originals or copies of computer programs on the market with the consent of thie right-holder shall not exhaust the rental right; and (5) the exclusive right to publicly communicate a work except for a soimd recording (e.g., to perform, display, project, exhibit, broadcast, transmit, or retransmit a work); the term "public" shall include: