Moldova New Copyright Law in Force as of January 1, 2011

A new Law on Copyright and Related Rights, No. 139/2010, will enter into force on January 1, 2011 in Moldova. It will replace the existing Law on Copyright and Related Rights, No. 293-XIII, which entered into force on November 23, 1994.

The text of the new law was drafted by the State Agency for Intellectual Property (AGEPI), in cooperation with the European experts, as part of the program Assistance in Implementing the Partnership and Cooperation Agreement (PCA), World Trade Organization (WTO) and EU-Moldova Action Plan in the Context of the European Neighborhood Policy, with the purpose of harmonizing the national legislation with the European and international provisions.

The text introduces new provisions concerning the videogram producer rights, the collective administration system, remuneration method and rates, the Mediation and Arbitration Commission organization and responsibilities, and the authorization procedure for institutions that will administer the authors’ patrimonial rights. The Mediation and Arbitration Commission is to be appointed by the AGEPI and will be responsible for examining and settling copyright disputes.

The text of the law defines the videogram as the first imprint of certain images, possibly accompanied by sound, irrespective of whether it represents an audiovisual creation. The physical or legal person whose name appears on a videogram is considered the author thereof until proven otherwise.

For more information, please contact Roxana Sarghi at our Romania office.

Source: AGEPI