The State Agency on Intellectual Property (AGEPI) has taken note of the information and accusations recently released in the public space and taken over by some media outlets regarding the activity of the system of collective management of copyright and related rights, as well as the alleged actions of some employees of the institution.
AGEPI categorically rejects any insinuations regarding the involvement of the institution or its employees in illegal activities and reiterates that all its activity is carried out in strict accordance with the legislation of the Republic of Moldova, with the principles of transparency, impartiality and equal treatment of all actors involved in the intellectual property system.
It is important to emphasize that AGEPI treats all collective management organizations equally, without favoring or discriminating against any part of the system. All decisions of the institution are adopted exclusively on the basis of the legal framework and objective findings resulting from monitoring and control activities.
In recent months, AGEPI has carried out extensive monitoring and control activities of collective management organizations (CMOs), in strict accordance with the legislation in force: Law No 230/2022 on Copyright and Related Rights and Decision of the Government of the Republic of Moldova No 815 of 27.10.2023 approving the Regulation on the procedure for controlling the activity of collective management organizations and joint collection structures. As a result of these activities, certain deficiencies were identified and remedial measures were formulated, in accordance with the applicable legal provisions, including a decision to suspend the activity of a collective management organization due to the failure to fulfill within the deadline the measures established to eliminate the irregularities identified during the control carried out and to ensure compliance of the activity of the CMO concerned with the requirements of the legislation in force.
In order to increase the degree of transparency and strengthen trust in the collective management system, AGEPI has undertaken a series of concrete measures. Thus, the institution initiated steps to organize special controls provided for by Law No 230/2022, with the involvement in the control activities of specialists from the Ministry of Finance and the Ministry of Justice who have relevant experience and skills in the field of financial control and institutional compliance.
At the same time, in order to thoroughly examine the normative framework in the field of copyright and related rights, as well as to identify effective solutions for the functioning of the collective management system, a Working Group in the field of copyright and related rights was established by Order of the Director of AGEPI No 67 of May 25, 2026.
The creation of this Working Group was also determined by the need to analyze the topics and concerns expressed during the public consultations on the legal framework for the collective management of copyright and related rights held on the platform of the Parliamentary Committee on Economy, Budget and Finance on May 18, 2026.
The mandate of the Working Group includes, inter alia, the following objectives:
- analysis of the existing normative framework in the field of copyright and related rights and assessment of its applicability;
- identification of provisions that require improvement or consolidation;
- examination of the mechanisms for managing the financial funds of collective management organizations;
- identification of solutions for increasing the traceability of the processes of collection, distribution and payment of remunerations;
- establishment of the objectives and priorities of a special control of the activity of collective management organizations;
- examination of the legal and institutional aspects related to the designation of the collector of remunerations for rights managed collectively on a mandatory basis or through extended collective management.
The working group carries out an intense and systematic activity, having already held over ten working meetings dedicated to examining the aspects within its competence. The conclusions and recommendations formulated will serve as the basis for further actions of AGEPI concerning the consolidation of the normative and institutional framework in the field.
After completing the process of establishing the objectives and verification methodology, AGEPI will initiate the procedure for special control of the activity of collective management organizations. This will be carried out by a special Control Commission established by order of the Director of AGEPI, which will include specialists designated by the Ministry of Finance and the Ministry of Justice, in order to ensure a higher level of professionalism, independence and transparency of the control process.
In the context in which AGEPI is doing its utmost to strengthen the rights management system, it is noted that the attacks and accusations launched in the public space against the institution tend to intensify. These circumstances generate reasonable suspicions that certain disinformation campaigns aim to influence ongoing institutional processes, including the process of designating the remuneration collector or the control and monitoring activities provided for by law.
We reiterate that AGEPI carries out its activity with maximum transparency. All acts and decisions adopted in the exercise of its powers are published, under the law, on the official website of the institution, and any interested person can participate in the public consultations and the institutional dialogue promoted by AGEPI.
The institution remains open to collaboration with all stakeholders and will continue to provide a platform for dialogue to identify legal, balanced and viable solutions that ensure both the protection of the interests of authors and rightholders, as well as predictability and stability for users of protected content.
AGEPI notes with concern that certain information released in the public space is taken up and distributed without verifying the facts and without presenting evidence to confirm the allegations made. The dissemination of such statements risks affecting public trust in state institutions and generating erroneous perceptions regarding the activity of public authorities.
AGEPI will continue to exercise its legal mandate in a professional, impartial and transparent manner, for the benefit of authors, rightholders, users and the entire society, contributing to the development of a functional, credible and aligned with European standards intellectual property system and invites all interested parties to constructive and civilized dialogue for the benefit of the entire community.
