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Communiqué with Reference to the Transitional Provisions of the Law on Copyright and Related Rights

01/13/2023

The State Agency on Intellectual Property (AGEPI) informs that the Decision of the Director General of AGEPI No. 1/42 of 11.01.2023 is published in the Official Gazette of the Republic of Moldova No. 9 (8515) of 13.01.2023, by which the Public Association National Association “COPYRIGHT”, approved by Decision No. 3/1566 of 20.09.2013, published in the Official Gazette of the Republic of Moldova No. 216-220 of 04.10.2013 and the Public Association National Association of Producers of Phonograms and Performers, approved by Decision No. 27/1747 of 09.08.2019, published in the Official Gazette of the Republic of Moldova No. 261-268 of 23.08.2019, lose their status of collective management organizations, starting from 10.01.2023.

The Decision was issued in accordance with the provisions of the new Law on Copyright and Related Rights, entered into force on 09.10.2022.

We remind the associations interested in approval as a collective management organization (which have legal personality, being registered in accordance with the provisions of the legislation, having their headquarters in the Republic of Moldova), about the need to cumulatively meet the conditions provided for in Art. 84 (1) of Law No. 230/2022 on Copyright and Related Rights:

  1. members of the association are exclusively the subjects of copyright or related rights;
  2. founders of the association do not have the capacity of founders of another collective management organization functioning for the same field/same rights;
  3. the association’s field of activity is the collective management of copyright or related rights;
  4. the statute of the association corresponds to the requirements of Law No. 230/2022;
  5. the association has a current account in a banking institution;
  6. the association has the economic capacity for collective management and has the human and material resources necessary to manage the entrusted repertoire (to take note of the AGEPI recommendation: https://agepi.gov.md/ro/news/anun%C5%A3-privind - the approval of the approval of the organization of the collective-management-bodies-aspects-of-art-of-art-84);
  7. the association allows, according to the procedures expressly provided for in its statute, the access of holders who are interested in entrusting them with the full or partial management of rights, categories of rights, types of protected works or other subject-matter;
  8. the association submits to AGEPI the repertoire of works, performances, phonograms or videograms belonging to its own members. The repertoire shall be submitted in the format established by order of the Director General of AGEPI and shall contain at least the name of the author, the name of the rightholder, the title of the work, the identification elements of performers, phonograms and videograms.