Ministry of Economy
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Officially accredited IHRC Office in Ukraine 🇺🇦notifies about the letter from the Ministry of Economic Development:MINISTRY OF DEVELOPMENT OF ECONOMY, TRADE AND AGRICULTURE OF UKRAINE (Ministry of Economy)
st. 12/2 Grushevskogo str. Kyiv 01008 tel. 253-93-94, fax 253-63-71
Web: http://www.me.gov.ua, e-mail: meconomy@me.gov.ua, code according to EDRPOU 37508596
Intergovernmental International
Human Rights Commission
st. Volodymyrska, 23, Kyiv, 01074
ukraine@ihrchq.org
Ministry of Economic Development, Trade and Agriculture of Ukraine (hereinafter - the Ministry of Economy) considered the letter of the Intergovernmental International Commission on Human Rights (incoming Ministry of Economy No 07 / 87690-19) and the letter of the said organization dated 12.12.2019 b / n, received by a letter from the Cabinet Secretariat Ministers of Ukraine (Ministry of Economy entry No 01 / 132-20), and within the competence reports the following.
In 2018, the Law of Ukraine “On Effective Management of Property Rights of Rightsholders in the Field of Copyright and (or) Related Rights” (hereinafter - Law 2415) was adopted, which stipulates a number of requirements for collective management organizations, procedure for registration of collective management organizations and accreditation for implementation. mandatory and expanded collective management.
In compliance with the requirements of Law 2415 of the Ministry of Economic Development (Ministry of Economy), a number of subordinate legal acts aimed at its implementation have been developed and adopted.
Collective management of property rights of subjects of copyright and (or) related rights is carried out by collective management organizations that are registered by the Ministry of Economic Development (Ministry of Economy) in accordance with the procedure established by this Law (part 1 of Article 5 of Law 2415). In particular, the procedure for registration of collective management organizations is defined by Article 15 of Law 2415 and the order of the Ministry of Economic Development of 21.11.2018 No 1741 "On Approval of the Procedure for Keeping the Register of Collective Management Organizations".
List of collective management organizations registered and accredited in accordance with Law 2415, as well as their contact information, published on the official web site of the Ministry of Economy in the section "Intellectual property", subheading "Collective management in the field of copyright and related rights" - “List of Collective Management Organizations”.
As of the date of response, 16 collective management organizations were entered in the Register of Collective Management Organizations.
At the same time, the resolution of the Cabinet of Ministers of Ukraine dated September 29, 2019 No 849 “On Approval of the Program of Activities of the Cabinet of Ministers of Ukraine”, approved by the resolution of the Verkhovna Rada of Ukraine dated October 4, 2019 No. 188-IX, on the priority objectives of the Government, ways to reach them and set performance metrics for each goal.
According to Goal 7.8. The program of activity of the Cabinet of Ministers of Ukraine provides for protection of intellectual property, which creates conditions for the development of the market of intellectual goods and services, in particular restarting the work of collective management organizations.
However, the Ministry of Economy continues to take measures to reform the collective management system in accordance with the requirements of Law 2415 and the Program of Activities of the Cabinet of Ministers of Ukraine.
In accordance with part one of Article 16 of Law 2415, an accredited collective management organization is determined in an open competition organized by the Office (Ministry of Economy).
As a result of the Accreditation Committee meeting, on May 6-10, 2019, two organizations in the areas of advanced management were accredited:
- Public Association "Ukrainian League of Copyright and Related Rights" in the field of "right to a fair remuneration common to performers and producers of phonograms (videograms), for public performance of phonograms and recorded performances or public demonstration of videograms and recorded performances published for them commercial use »;
- public association "Ukrainian Music Alliance" in the field of "right to
a fair remuneration common to performers and producers of phonograms (videograms) for the public announcement of phonograms and recorded performances, videograms and recorded performances published for commercial use, other than cable relaying. "
According to the results of the meeting of the Accreditation Committee, on July 30, 2019, the organization of collective management was accredited by the public association "Coalition of Audiovisual and Music Rights" in the sphere of mandatory management: "cable relaying of objects of copyright and (or) related rights, except the rights of broadcasting organizations concerning their own broadcast programs. "
On December 21, 2019, the Accreditation Commission held meetings, which held open competitions to identify accredited collecting societies in the three spheres of compulsory collective management: "right to follow works of fine art", "reprographic reproduction of works and their parts (excerpts)" and "reproduction at home and for the personal purposes of works, performances recorded in phonograms, videograms, their copies, as well as audiovisual works and their copies." The minutes of these meetings are currently being signed by the members of the accreditation commission for collective management organizations.
We inform you that on November 11, 2019, the Ministry of Economy held a meeting to discuss the issues of fees for the use of copyright and related rights, with the participation of representatives of accredited collecting societies, copyright holders and users in the field of public notification, cable retransmission and private copying. Participants of the meeting were asked to work out acceptable tariffs for all parties, in order to avoid the need to apply temporary tariffs, set by the Cabinet of Ministers of Ukraine, in case the users and right holders do not agree on the final tariffs.
In addition, additional meetings on discussing tariffs for the use of copyright and related rights were held on January 9 and January 13, 2020.
On December 21, 2019, the Accreditation Commission held meetings, which held open competitions to identify accredited collecting societies in the three spheres of compulsory collective management: "right to follow works of fine art", "reprographic reproduction of works and their parts (excerpts)" and "reproduction at home and for the personal purposes of works, performances recorded in phonograms, videograms, their copies, as well as audiovisual works and their copies." The minutes of these meetings are currently being signed by the members of the accreditation commission for collective management organizations.
We inform you that on November 11, 2019, the Ministry of Economy held a meeting to discuss the issues of fees for the use of copyright and related rights, with the participation of representatives of accredited collecting societies, copyright holders and users in the field of public notification, cable retransmission and private copying. Participants of the meeting were asked to work out acceptable tariffs for all parties, in order to avoid the need to apply temporary tariffs, set by the Cabinet of Ministers of Ukraine, in case the users and right holders do not agree on the final tariffs.
In addition, additional meetings on discussing tariffs for the use of copyright and related rights were held on January 9 and January 13, 2020.
01/20/2020 Ministry of Economy announces preliminary tariff drafts on the official website, in particular the public association "Coalition of Audiovisual and Music Rights" together with information on the beginning of tariff negotiations
(http://me.gov.ua/Documents/Detail… bd472886a46e & title = OgoloshenniaProPochatokProtsesuPrevozivProVstanovlenn iaPoperednikhTarifivGromadskoiSpilki-koalitsiiaAudiovizualnikhIMuzichnikhPrav-)
in the field of mandatory collective management "cable relay
copyright and (or) related rights, other than the rights of broadcasting organizations with respect to their own broadcast programs (broadcasts) »
in the section "Activities" - "Intellectual property", subheading "Collective
management in the field of copyright and related rights. "
In addition, the Ministry of Economy is developing a draft Law of Ukraine "On Copyright and Related Rights" (hereinafter - the draft Law).
The draft law is being developed in collaboration with international experts of the European Union and the United States of America, in particular, it was discussed at an international seminar on the development of copyright and related rights law (Kyiv, September 12-13, 2019), with the assistance of the Program. United States Department of Commerce (CLDP) Commercial Law Development.
On 08.11.2019, the final text of the recommendations of the participants of the CLDP International Seminar was received and, following the results of finalization of the draft Law, it will be posted on the official website of the Ministry of Economy (http://www.me.gov.ua) for public discussion.
Adoption of the draft Law will allow to substantially revise the provisions of the current Law of Ukraine "On Copyright and Related Rights" (new version), taking into account the requirements of Articles 161-192 of Part Two "Standards relating to intellectual property rights" Chapter 9 Section IV " Trade and Trade-Related Issues »Association Agreements between Ukraine, of the one part, and the European Union, the European Atomic Energy Community and their Member States, of the other part, and other international treaties and societies tional trends related to copyright and related rights.
At the same time, we thank you for your attention and indifference to the field
intellectual property
Deputy Minister for Development of Economy, Trade and Agriculture of Ukraine
Dmitry ROMANOVYCH