Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Law Nº 5846 on Intellectual and Artistic Works, as last amended on 7 June 1995 by Law Nº 4110
The Law on Intellectual and Artistic Works covers the moral and financial rights of authors who create the works and performers who perform or interpret works, phonogram producers and broadcasting organizations, utilisation and procedures of the rights, judicial remedies and sanctions, duties and liabilities of the Ministry of Culture. In the Law: 1. categories of works by articles 2-6; 2. authorship of works, moral rights and financial rights of author and limitations by articles 8-47; 3. contracts and utilisation by articles 48-65; 4. cases of jurisprudence and penalty by articles 66-79; 5. neighbouring rights and prevention of infringement to intellectual property rights by articles 80-82 have been regulated. In the current law, in case of infringement on the rights of the authors and the owners of the neighbouring rights, articles 71, 72, 73, 80 and 81 require the term of imprisonment between 3 months and 1 year and penalties between 300 and 600 million Liras. However, so long as imprisonment and penalties to the infringements are not sufficiently deterrent, a draft law for amendment of some articles of the law was prepared to increase penalties, establish specialized courts, regulate the measures for seizing infringing copies at the customs so as to fulfill our obligations related to the TRIPS Agreement. The explanations about the Draft Law follow below.