Page:United States Statutes at Large Volume 105 Part 3.djvu/765

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PROCLAMATION 6320—AUG. 2, 1991 105 STAT. 2649 tions for adequate and effective legal protection of intellectual property and its enforcement, the Parties have agreed that they shall: (a) ensure in accordance with the provisions of internal legislation, protection and implementation of intellectual property rights, including copyright on literary, scientific and artistic works including computer programs and data bases, patents and other rights on inventions and industrial designs, know-how, trade secrets, trade marks and service marks, trade names, and protection against imfair competition; (b) ensure that their international commitments in the field of intellectual property rights are honored. Accordingly, each Party reaffirms the commitments made with respect to industrial property in the Paris Convention for the Protection of Industrial Property of March 30, 1883, as revised at Stockholm on July 14, 1967 (the "Paris Convention"), and the commitments made with respect to copyright in the Universal Copyright Convention of September 6, 1952; and (c) encom'age appropriate arrangements between institutions within the United States and the Union of Soviet Socialist Republics to provide protection for intellectual property rights. 2. To provide adequate and effective protection and enforcement of intellectual property rights, each Party agrees to submit, to their respective legislative bodies, the draft laws necessary to carry out the obligations of this Article and to exert their best efforts to enact and implement these laws. In this connection, the Parties will: (a) enhance their copyright relations through adherence to the Berne Convention for the Protection of Literary and Artistic Works (Paris 1971) (the "Berne Convention"); (b) provide copyright protection for computer programs and data bases as literary works under their copyright laws; (c)(1) provide protection for sound recordings first fixed by their respective nationals or companies or first published in their national territory; (c)(2) such protection shall include, among the minimum rights guaranteed to producers of these works, a right of reproduction and a right of public distribution and importation, and notwithstanding the rights of an owner of a particular copy of a sound recording in such copy, the producer of a soimd recording shall continue to enjoy the exclusive commercial rental and lending rights in such copy; and (c)(3) the Parties agree, that immediately after both Parties have enacted protection for soimd recordings originating in their respective territories, to take such steps as are necessary under domestic law to extend such protection to soimd recordings originating in the other Party's territory; (d) provide product and process patent protection for all areas of technology (except the Parties may exclude materials useful solely in atomic weapons) for a term of at least 20 years from the filing of an application or at least 17 years from the grant of the patent; and (e) provide broad protection for trade secrets. 3. Upon the date when both Parties are members of the Berne Union, the protection of works in existence prior to that date shall be deter-