March 2013
NEWSLETTER

State Department of Intellectual Property Announces Its Official Position
on Designated Collective Management Organizations

On 4 March 2013 the American Chamber of Commerce received the official position of the State Department of Intellectual Property (the "SDIP") regarding designated Collective Management Organizations in Ukraine.

The problem arose when on 17 October 2012 the Higher Administrative Court declared unlawful and invalidated the Decree of the Ministry of Education and Science No. 1175 dated 22 December 2008 which enacted the Procedure for Selection of Collective Management Organizations Authorized to Collect and Distribute Royalties for Use of Commercially Published Phonograms and Videograms (the "Decree").

The court held that the Order contradicted certain provisions of the Law On Copyright and Related Rights (the "Law"). Following this ruling, currently there are no provisions in effect regulating the activities of Designated Collective Management Organizations in Ukraine.

According to the SDIP's position, the definition and regulation of Designated Collective Management Organizations is now possible only by introducing amendments to the Law. Until such amendments are adopted, such organizations would act under general rules of the Law applicable to Collective Management Organizations.



For further information please contact partner Oleksandr Padalka
and associate Yulia Yanyuk

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