Page:United States Statutes at Large Volume 106 Part 6.djvu/737

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PROCLAMATION 6445^JUNE 15, 1992 106 STAT. 5295 (viii) Each Party 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; and (2) to exercise the importation and exclusive distribution and rental rights provided in paragraphs 2(a)(ii)(l) and (2) of this Article. (ix) Paragraphs 2(a)(iii), 2(a)(iv) and 2(a)(vi) of this Article shall apply mutatis mutandis to sound recordings. (x) Each Party shall: (1) protect sound recordings for a term of at least 50 years from publication; and (2) grant the right to make the tirst 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). (xi) Parties shall not subject the acquisition and validity of intellectual property rights in sound recordings to any formalities, and protection shall arise automatically upon creation of the sound recording. (b) Trademarks (i) Protectable Subject Matter (1) Trademarks shall consist of at least any sign, words, including personal names, designs, letters, numerals, colors, the shape of goods or of their packaging, provided that the mark is capable of distinguishing the goods or services of one national or company from those of o&er nationals or companies. (2) The term "trademark" shall include service marks, collective and certification marks. (ii) Acquisition of Rights (1) A trademark right may be acquired by registration or by use. Each Party shall provide a system for the registration of trademarks. Use of a trademark may be required as a prerequisite for registration. (2) Each Party shall publish each trademark either before it is registered or promptly after it is registered and shall afford other parties a reasonable opportunity to petition to cancel the registration. In addition, each Party may afford an opportunity for the other Party to oppose the registration of a trademark. (3) The nature of the goods or services to which a trademark is to be applied shall in no case form an obstacle to registration of the trademark. (iii) Rights Conferred (1) The owner of a registered trademark shall have exclusive rights therein. He shall be entitled to prevent all third parties not having his consent from using in commerce identical or similar signs for 59-194 O—93 24:QL8(Pt. 6)