To the Attention of Collective Management Organizations and Economic Agents (Users of Copyright and/or Related Rights) of the Republic of Moldova

05/11/2020

In the context of the declaration of the state of emergency on the entire territory of the Republic of Moldova from March 17 to May 15, 2020 (Decision of the Parliament of the Republic of Moldova No.55 of 17.03.2020) in connection with the spread of the COVID-19 pandemic, taking into account that pursuant to the Decisions of the Extraordinary National Commission for Public Health and Ordinances of the Commission for Exceptional Situations of the Republic of Moldova, a number of economic agents, especially those who carry out the activity of public communication of the works protected by copyright and/or related rights, have suspended their activity, respectively do not capitalize objects of copyright and/or related rights.

The State Agency on Intellectual Property, in its capacity of central administrative authority subordinated to the Government, responsible for promoting and carrying out activities in the field of legal protection of intellectual property related to industrial property rights, copyright and related rights, in order to identify the best measures applicable to the resumption, continuation and smooth operation of the activity of collective management organizations and economic agents, recommends:

- collective management organizations:

  • extension of the validity period of the agreements/licenses/contracts concluded with the economic agents equivalent to the one in which they suspended their activity;
  • return of the amounts paid in advance for the period of cessation of the activity to the economic agents that have ceased their activity;
  • revision of the remuneration rates due for the capitalization of the objects of copyright and/or related rights applicable after the period of the state of emergency in order to support the economic agents.

- users of copyright and/or related rights:

  • notification of the collective management organizations of the justifying impediment which led to the impossibility of performing the obligations, under the conditions of the provisions of Article 904 of the Civil Code of the Republic of Moldova.