105 STAT. 2612 PROCLAMATION 6308—JUNE 24, 1991 (viii) Translation and reproduction licensing systems permitted in the Appendix to the Berne Convention: (1) shall not be established where legitimate local needs are being met by voluntary actions of copyright holders or could be met by such action but for intervening factors outside the copjo-ight holder's; and (2) shall provide an effective opportunity for the copyright holder to be heard prior to the grant of any such licenses. (ix) Any compulsory or non-volimtary license (or any restriction of exclusive rights to a right of remuneration) shall provide means to ensure payment and remittance of royalties at a level consistent with what would be negotiated on a voluntary basis. (x) The Parties shall, at a minimum, extend to producers of sound recordings the exclusive rights to do or to authorize the following: (1) to reproduce the recording by any means or process, in whole or in part; (2) to exercise the importation and exclusive distribution and rental rights provided in paragraph (iii)(l) and (2) of this section. (xi) The provisions of paragraphs iv, v, and vii of this section shall apply mutatis mutandis to the producers of sound recordings. (xii) Paragraph viii of this section shall apply mutatis mutandis to sound recordings. (xiii) Each Party shall: (1) adhere to the Geneva Convention for the Protection of Producers of Phonograms and protect sound recordings first fixed or published in the territory of the other Party; (2) protect sound recordings for a term of at least 50 years from publication; (3) protect sound recordings published in the territory of a Party within thirty days of their publication elsewhere and recordings produced by a national, company or organization of a Party; and (4) grant the right to make the first public distribution of the original or each authorized sound recording by sale, rental, or otherwise except that the first sale of the original or such sound recording shall not exhaust the rental or importation right therein (the "rental right" shall mean the right to authorize or prohibit the disposal of the possession of the original or copies for direct or indirect commercial advantage). (xiv) The acquisition and validity of intellectual property rights in sound recordings shall not be subject to any formalities, and protection shall arise automatically upon creation of the soimd recording. (b) Trademarks (i) Protectable Subject Matter (1) Trademarks shall consist of at least any sign, words, including personal names, designs, letters, niunerals, colors, the shape of goods or of their packaging, provided that the mark is capable of distinguishing the goods or services of one national, company or organization &om those of other nationals, companies or organizations.
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