Review of TRIPS Implementing Legislation - Search

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Article 63.2 of the TRIPS Agreement requires Members to notify the laws and regulations made effective by that Member pertaining to the subject matter of the Agreement to the Council for TRIPS in order to assist the Council in its review of the operation of the Agreement.

This page allows you to search Members' questions and answers on notified laws and regulations. You can consult search results on screen, download and print them in Excel format. You can also download individual documents.

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Page 14 of 677   |   Number of documents : 13533

Document symbol Notifying Member Member raising question Question Answer Date of document distribution  
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 10: Paragraph 276, p. 61: Paragraph 276 explains the rights of producers of phonograms, including the right to remuneration. Do performers on phonograms have similar rights?
Tajikistan's reply: Yes, they do.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Follow-up question: Where does the law provide for this?
Tajikistan's reply to follow-up question: Provision of Article 34 of the Copyright law covers this matter.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 11: We look forward to reviewing amendments to the law "On Inventions" and other relevant legislation that further implement the requirements of the TRIPS Agreement, particularly with Articles 30 and 31.
Tajikistan's reply: The amended Law on Inventions and other legislation that implements TRIPS requirements have been duly notified and are available for review.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 12: We look forward to reviewing the relevant legislation that further implements the requirements of the TRIPS Agreement, particularly with regard to Article 39. The laws currently notified to the WTO do not appear to provide such protections.
Tajikistan's reply: Tajikistan will look into the matter and notify the missing legislation, if any.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 13: We note that during the accession process, we also had an opportunity to review Tajikistan's Enforcement laws, but that such laws have not been notified to the WTO pursuant to TRIPS Article 63, or at least are not reflected in the WTO database. Has the Enforcement law been notified?
Tajikistan's reply: In the legal system of the Republic of Tajiklstan there is no such thing as the " Enforcement law" . Each substantive IP law contains also some provisions on their enforcement. In addition, there are procedural laws, which regulate civil, penal and administrative procedures; however these laws are general, they regulate procedures, regardless of the subject matter, which may, or may not be related to IP rights.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 14: How will the government deal with anti-competitive licensing and how Is this reflected In the law?
Tajikistan's reply: The government does not have any specific immediate plans for dealing with anticompetitive licensing.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 15: Are only Tajikistani citizens permitted to be patent attorneys in Tajikistan and if so, what's the rationale for the citizenship requirement?
Tajikistan's reply: Yes, only Tajikistani citizens are permitted to be patent attorneys in Tajikistan. This is based on Tajikistan's legal traditions, where the assumption is that the essential requirement for a patent attorney is to speak the local language and to know the local law.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 16: Can you provide some examples of recent actions to enforce intellectual property rights? Do customs and criminal enforcement officials have ex officio authority to enforce intellectual property rights? What measures are Tajikistan taking to address copyright infringement and digital piracy?
Tajikistan's reply: In accordance with the applicable laws the customs and criminal enforcement have an ex officio authority to enforce intellectual property rights. However, their enforcement activities are limited. Tajiklstan plans to address the issue of JP enforcement in due course.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 17: Are penalties for counterfeiting and piracy a deterrent so that infringers do not view fines and penalties as merely the cost of doing business?
Tajikistan's reply: Tajikistan is of the opinion that penalties for counterfeiting and piracy are a deterrent, and could not be seen as just the cost of doing business.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 18: We recognize that Tajikistan is committed to intellectual property rights. In this respect, does the Government of Tajikistan take the necessary steps to eliminate unlicensed software use by all Government Ministries, including the allocation of appropriate funding for the purchase of legitimate software?
Tajikistan's reply: The Government of Tajikistan takes this issue seriously and will take the necessary steps to eliminate unlicensed software use in accordance with the available resources. In this respect, the government provides funding for acquisition of the legitimate software by governments entities. In addition, in November 2014, representatives of Microsoft met with several ministries to discuss the issue and possible solutions.
17/05/2016
IP/Q/TJK/1, IP/Q2/TJK/1, IP/Q3/TJK/1, IP/Q4/TJK/1 Tajikistan United States of America Question 19: We note that U.S. expert agencies stand ready to assist Tajikistan on implementing specific reforms and to engage in technical-level exchanges.
Tajikistan's reply: Tajikistan appreciates the readiness of U.S. expert agencies to provide assistance in implementing specific reforms and is looking forward to such cooperation.
17/05/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation European Union We have been informed about a new legislative proposal by the Ministry of Culture titled "On Introduction of Amendments to Certain Legislative Acts of the Russian Federation for the Purpose of Elimination of Violations of Intellectual Property Rights in Information and Telecommunication Networks Including the Internet". 1. How will this proposal work together with the planned amendments to Part IV of the Civil Code?
On 24th May 2013 the President of the Russian Federation, Vladimir Putin, during the session of Presidential Council of cinematography said: "One of our topics is fighting internet piracy. We shall pay a serious attention to this topic. And I want to assure you that we will not forget it." After receiving such kind of encouragement at the highest level, many experts started to work actively with the legal base of fighting internet piracy. One of the results of this work was an adoption of the law "on introduction of changes in acts of the Russian Federation in connection with protection of the intellectual property rights in the information and telecommunications networks" on 2 July 2013, with the adoption of The Federal Law No. 187-ФЗ (thereafter – the Law). The new "Antipiracy Law" introduces the principle of liability of internet service providers and mechanisms of blockage of illegal content by a court decision. For the moment, the scope of the law is limited to films. From the side of the Government, we will study attentively how the law will be implemented. Meanwhile, the Government will also work on a package of necessary amendments. It is important to note that the adopted law has allowed us to make a real step forward in this direction. It makes possible to overstep through many contradictions, and to make a basis for the next development of the legislation for fighting internet piracy. The adoption of the Law was a sign to start the work on improvement of Russian legislation in this area. Such process will be very fast. It is expected that the main work will be on the: - extension of scope of protection to all objects of intellectual property rights (phonograms, books, images, etc.); - preventive and quick mechanisms which will restrict access to infringing content (interaction of right holder and service provider before going to the Court); - improvement of law enforcement; and - clarification of provisions on liability of such kind of providers as torrents.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation European Union 2. What are the current intentions of the Russian government in respect of the liability of internet service providers? Do any of the measures notified or planned modify the commitment to take action against internet websites that promote illegal distribution?
On 24th May 2013 the President of the Russian Federation, Vladimir Putin, during the session of Presidential Council of cinematography said: "One of our topics is fighting internet piracy. We shall pay a serious attention to this topic. And I want to assure you that we will not forget it." After receiving such kind of encouragement at the highest level, many experts started to work actively with the legal base of fighting internet piracy. One of the results of this work was an adoption of the law "on introduction of changes in acts of the Russian Federation in connection with protection of the intellectual property rights in the information and telecommunications networks" on 2 July 2013, with the adoption of The Federal Law No. 187-ФЗ (thereafter – the Law). The new "Antipiracy Law" introduces the principle of liability of internet service providers and mechanisms of blockage of illegal content by a court decision. For the moment, the scope of the law is limited to films. From the side of the Government, we will study attentively how the law will be implemented. Meanwhile, the Government will also work on a package of necessary amendments. It is important to note that the adopted law has allowed us to make a real step forward in this direction. It makes possible to overstep through many contradictions, and to make a basis for the next development of the legislation for fighting internet piracy. The adoption of the Law was a sign to start the work on improvement of Russian legislation in this area. Such process will be very fast. It is expected that the main work will be on the: - extension of scope of protection to all objects of intellectual property rights (phonograms, books, images, etc.); - preventive and quick mechanisms which will restrict access to infringing content (interaction of right holder and service provider before going to the Court); - improvement of law enforcement; and - clarification of provisions on liability of such kind of providers as torrents.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation European Union 3. Do any of the measures notified or planned, modify the scope of rights that are subject to collective management as provided for in Article 1244 of the Civil Code?
Now the change of Article 1244 of the Civil code of the Russian Federation is not intended because of the following reasons: • A practical realization of the legal institute of expanded collective management of rights has led to the stabilization of a system of collective management and to the increase of dues and payment of compensation to rightholders (including foreign). Bi-annual data from accredited organizations to the Ministry of Culture show that dues/payment of compensation on copyrights have increased by several times, and on related rights and dues on private copying by hundreds of times. • Russian legislation realizes the form of activity of organizations on collective rights management, what is applied in Scandinavian countries, including WIPO's recommendations from 1991 on monopolization of activity of companies on collective management of copyrights and related rights. • The legal institute of State accreditation on what was introduced in 2008 finished "legal" nihilism what was acted since 1993, when: (1) a few dozen organizations competing together existed, it was negative for the image of an institute of collective rights management; (2) was full user's ignoring of obligations to payment the compensation. • The list of spheres of collective management, in which state accreditation are provided, are constricted to some spheres where rights management is not possible in individual order, or difficult. • Now, the Russian Federation is a leader in due/payment of the compensation in all countries of the Post-Soviet states. According, to CISAC PAO (copyright legal organization) the Russian Federation has entered to triple of most dynamically developing countries at level of dues in 2012. • In Post-Soviet states where the institute of accreditation does not exist (i.e. the Republic f Kazakhstan, and the Republic of Moldova) or where it has been abolished (Ukraine), a decline in dues/payment of the compensation has been observed. In the Ukraine a total breakup of all systems, that is main pretension from the United States of America what is marked in Report 301 in 2012. • The change of legislation by non-monopolization of activity in collective management led to the decline of dues of the compensation (Italy). • In the institute of state accreditation not only right holders, but also users who use right holder's objects of unlimited quantity (e.g. users who make daily unlimited broadcasting of objects of the intellectual property on radio and TV), are interested.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation European Union 4. Do these measures envisage expansion of the mandate of collective management organisations?
The expansion of the mandate of collective management organizations in amendment in Part IV of the Civil Code of the Russian Federation is not provided.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation European Union 5. Do any of the measures notified or planned, modify the right under Art 1244 of the Civil Code, which ensures that the rights holder without a contract with a collective management organisation has the right to refuse its services?
The amendments of Part IV of the Civil Code of the Russian Federation do not establish any changes in point 4 of Article 1244 of the Civil Code of the Russian Federation where a procedure of withdrawal rights from management of accredited organization is established.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation European Union 6. Do any of the measures notified or planned involve those that would be intended to monitor and hold accountable organizations engaged in collective management of rights to ensure that right-holders receive remuneration that is due to them?
In the draft amendments of Part IV of the Civil Code of the Russian Federation, the responsibility of organizations engaged in collective management of rights about non-payment, the remuneration what is due to right holder is provided. It is necessary to pay attention to the fact that the absence of an indicated provision in Part IV of the Civil Code of the Russian Federation does not deprive right holders of the right to apply to court with a demand about punishment from organization a pecuniary sums what are due to the right holder, and to use another way of protection provided in acting legislation.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation European Union 7. Is the Russian Federation following up on its commitment to review its system of collective management of rights in order to eliminate non-contractual management of rights within five years after Part IV of the Civil Code entered into effect (2008)?
The Russian Federation complies with its liabilities in full regarding what it has taken on with entry to WTO. One such liability is building the system what protects copyright and related rights effectively. The Ministry of Culture, as the federal organ of executive authority which authorized to carry out regulatory legal regulation in the sphere of copyright and related rights, control and supervision in indicated sphere, realized corresponding revision of system of non-contract management of rights and next results of the institute of state accreditation are: • Payments of compensation to right holders about different kinds of use, rights are increased since the moment of introduction of the institute of state accreditation in comparison with period of realization the collective management of rights on basis of direct contracts from 1993 to 2008. • At this moment, annual stable progress in the activity of accreditation is observed as the number of contracts are concluded with international organizations of management of rights in dynamics of growth of dues and payments in compensation, etc. It affirms that the possibilities of using the system of state accreditation still has not been exhausted and does not need to change existing system. • In society, the understanding of compliance for users author's rights and other right holders with use the results of the intellectual activity is formed, what in future will exclude the Russian Federation from a list of countries which may not provide the effective protection of intellectual property. • An acting system allows not only to pay compensation to right holders but also to decide other social problems with the rise in creative activity and a citizen's legal consciousness, ministration to young musicians. • Introduction of the institute of state accreditation has provoked a process of the formation of a uniform judicial practice for consideration of disputes about performance of accredited organizations, a functions of dues, distribution and payment of the compensations. • All indicated allows to claim than cancel of non-contract management of rights and non monopolization of the institute of collective management of copyrights and related rights will lead to lowering of level of legal security of right holder's rights and legal interests. Considering that some foreign music in the territory of the Russian Federation is very big, the lowering of levels of legal security of right holders' rights and legal interests will affect foreign right holders, because it will be difficult to protect their rights on the territory of the Russian Federation as experience shows in the two previous decades. It is necessary to note that inside the Customs Union between members – the Republic of Kazakhstan, the Russian Federation, and the Republic of Belarus project of Agreement about unified order of management of copyright and related rights on collective basis, is developing now. Indicated projects will contain: maximally allowable size of retention on necessary costs about dues, distribution and payment of the compensations; organization's duty to public annual reports about their activity in their official websites; and also duty to carry out annual independent audit for check and confirmation of reliability implemented due, distribution and payment of the compensations.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation European Union 8. Do an of the measures notified or planned modify the scope of "private copy" concept as defined in Article 1273 of the Civil Code?
In Article 1273 of the Civil Code of the Russian Federation cases are provided of withdrawal and restriction of the right holders' exclusive right in the case of reproduction of the results of the intellectual activity by individual person for personal purposes. It is necessary to pay attention to the fact that, in Article 1273 of the Civil Code of the Russian Federation, positions correspond to the Berne Convention for the Protection of Literary and Artistic Works of 9th September 1886 (Berne Convention) of which the Russian Federation is a member since 1995 and of the TRIPS Agreement. Herewith, in point 2 of Article1273 of the Civil Code of the Russian Federation, the results indicate - in the intellectual activity (phonograms and audiovisual works) about reproducing them for personal purposes - that right holders have the right to receive compensation, in accordance with Article 1245 of the Civil Code of the Russian Federation. System of dues, distribution and payment of compensation for free reproduction for personal purposes started to function in full from October 2010, since the moment of the adoption of the Decision of the Government of the Russian Federation, No. 829 on 14th October 2010, where it established the size of funds for payment of compensation and are governed order of due, distribution and payment of the compensations. In this connection, to pay attention to the fact that in this sphere of collective management activity, the compensation due may not realized in case if few organizations will lead it; now adoption of some steps that may change the concept of free reproduction for personal purposes is not provided.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation European Union 9. Do any of the measures notified or planned provide guidance on the application of the monetary threshold for application of criminal procedures and penalties with regard to copyright piracy, in order to reflect realities of the commercial market, notably regarding the internet market?
The application of the monetary threshold for application of criminal procedures and penalties with regard to copyright piracy was explained in the Resolution of the Plenum of the Supreme Court No. 14 of 26 June 2007. The Resolution indicates that in process of identification of the scale of a crime (large or very large scale), the decision should be based on the retail value of the original (licensed) copies of works or phonograms at the time of the crime, based on the number of them, including copies of works or phonograms, belonging to different right holders. It is important to add that if the infringer commits the copyright crime twice or more, his crime will be considered as a criminal case without taking in consideration the monetary threshold.
09/02/2016

Page 14 of 677   |   Number of documents : 13533

 
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