January 25, 2010

Copyright Law and Trademark Law

Law on Copyrights and Related Rights

On December 12, 2009, the new Law on Copyright and Related Rights (the "Copyright Law") was adopted, effective as of December 24, 2009. The Copyright Law regulates the rights of holders of copyrights, process of obtaining, and judicial protection of the copyright and related rights. There is little difference between the previous law and the Copyright Law.

Namely, unlike the previous law regulating this matter, the Copyright Law defines the infringement of the copyright and related rights as, inter alia, any unauthorized act that infringes upon the exclusive right of the holder of copyright or the related right; non-payment of fees prescribed by the Copyright Law or the agreement, and failure to perform other obligations prescribed by the Copyright Law, which are owed to the holder of the copyright or the related right.

According to the Copyright Law, the laws and by-laws regulating the foundation of associations of citizens are applicable to the foundation of the organizations that specialize in copyrights and related rights.

The Copyright Law also prescribes penalties for infringement of the Copyright Law.

Law on Trademarks

On December 12, 2009, the new Law on Trademarks (the "Trademark Law") was adopted, also effective as of December 24, 2009. The Trademark Law regulates the protection of trademarks used in the trade of goods and services. There is little difference between the previous law and the Trademark Law. There are few novelties introduced by the Trademark Law presented below.

The Trademark Law prescribes registration of changes related to trademarks registered with the registry of trademarks or registry of trademark protection applications. The changes are related to the name and address of the holder of trademark or trademark protection application (the "Holder"). The aforementioned changes shall be registered upon an application of the Holder within the respective registry.

In conformity with the Trademark Law, the transfer of the trademark or of the trademark protection application (the "Right to Trademark") could be effected on basis of an agreement on transfer of the Right to Trademark; status changes of the Holder; court decision and administrative decision. The mentioned transfer shall be inscribed in the relevant registry upon an application of the Holder. Moreover, the Trademark Law prescribes the mandatory elements of the mentioned agreement.

Further, the Law prescribes that the Right to Trademark could be pledged on the basis of a pledge agreement, court decision or decision of other authorities. The pledge on the Rights to Trademark shall be registered in the Registry of Pledges kept within the Agency for Commercial Registries.

Unlike the previous law, the new Law also prescribes the amount of penalties related to the infringements of the provisions thereof.

Finally, the Law shall apply on all procedures related to the recognition of the trademarks and all other procedures related thereto, commenced in the period of application of previous law in this matter.