105 STAT. 2654 PROCLAMATION 6320—AUG. 2, 1991 The Honorable Yuri N. Chumakdv, Deputy Minister of Foreign Economic Relations Union of Soviet Socialist Republics Washington, June 1, 1990. Dear Mr. Deputy Minister: I have the honor to confirm receipt of your letter that reads as follows: Dear Madam Ambassador: In connection with the signing on this date of the Agreement on Trade Relations between the Union of Soviet Socialist Republics and the United States of America (the "Agreement"), I have the honor to confirm the understanding reached by our Governments as follows: By the Resolution of the Supreme Soviet of the U.S.S.R. of 6 March 1990, about bringing into force the Soviet Union's "Law on Property in the U.S.S.R.," the Supreme Soviet of the U.S.S.R. has charged the Council of Ministers of the U.S.S.R. in 1990 to introduce for examination by the Supreme Soviet of the U.S.S.R. drafts of the legislative acts of the U.S.S.R. governing relations on the creation and use of inventions and discoveries, scientific, literary and artistic works as well as other objects of intellectual property, which by virtue of their content will create conditions for Soviet participation in the Berne Convention for the Protection of Literary and Artistic Works (the "Berne Convention"). The Govenmient of the U.S.S.R. will introduce in 1991 the draft laws necessary to fulfill the obligations contained in Article VIII of the Agreement and will undertake all possible measures to enact these laws during 1991. The Government of the U.S.S.R. will seek prompt implementation of these laws. To fulfill the obligations under paragraphs 4 and 5 of Article VIII of the Agreement, the Government of the U.S.S.R. undertakes the following: I. The Government of the U.S.S.R. shall incorporate the following principles in its legislative proposals on intellectual property: Copyright Protection For Computer Software 1. Copyright protection for computer programs shall extend to all types of computer programs including application programs and operating systems which may be expressed in any language, whether in source or object code and regardless of their mectium of fixation. 2. The duration and level of protection for computer programs shall be consistent with that provided to other literary works. 3. Limitations on rights expressly permitted to apply to literary works under the Paris Act of the Berne Convention shall also be made applicable to computer programs. In addition, owners of a copy of a computer program shall be provided the right: (3.1) to make or authorize the making of a single copy or adaptation of that computer program provided: (3.1.1) that such new copy or adaptation is created as an essential step in the utilization of the computer program-in conjimction with a machine and that it is used in no other maimer, or (3.1.2) that such a new copy or adaptation is for archival purposes only and that all archival copies are destroyed—in the event that continued possession of the computer program should cease to be rightful.
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