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Новини за реформите за авторско право во ЕУ

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Вести како ова бавно доаѓаат до Македонија, но ете, по сѐ изгледа нешто се спрема во Брисел (како и секогаш).

Јулија Реда, европската парламентарка од Пиратската партија, која што била задолжена за извештајот за евалуација на авторското право пишува дека извештајот е усвоен со мнозинство гласови, но и со амандмани кои му задаваат удар на текстот претходно сочинет со големо учество на јавноста.

Во делот: Нема парламентарно мнозинство што го претставува мнозинството на јавноста, Реда зборува за отстапките од основниот текст кои морало да се направат за извештајот да може да биде усвоен. Мене посебно смешно ми е што и покрај желбите за најавена реформа, парламентарците не успеале да се договорат дека исклучоците од авторското право нема да бидат задолжителни за сите земји членки, а истовремено реформата се прави за зајакнување и консолидирање на единствениот дигитален пазар.

Но, амандманите кои што предизвикуваат многу посериозни проблеми се ограничувањата на „слободата за правење панорама“ и „аудио-визуелни цитати“. Второто е јасно -- цитирањето на делата што е дозволено со текст, нема да биде проширено кон аудио и визуелни дела. Во време на youtube и Flickr, ова е очигледно ограничување на креативните и критичките потенцијали на јавноста.

Слободата за правење панорама е можноста без законски пречки да се прават фотографии и видеа од дела што се на јавни места (т.е. згради, споменици и сл.). Оваа, веројатно, ќе биде ограничена, иако кампањата тоа да се спречи веќе е започната. Последната шанса да се смени овој предлог е 9 јули кога извештајот ќе оди на пленарна седница на Европскиот парламент.

Интересно е дека моментално во Македонија има целосна слобода за правење панорама, т.е. за делата што се во јавност / на јавен простор не треба да се бара дозвола од архитектите и уметниците тие да бидат снимани и фотографирани. Иако не сме дел од ЕУ, доколку биде изгласано ограничувањето, тоа речиси сигурно ќе значи промена на нашиот закон во ист правец. Практично ваква промена ќе значи дека доколку сакате да снимате снимате на пример критика за Скопје 2014, архитектот нема да ви дозволи да ги снимате зградите.

А додека го чекаме 9 јули, последно и да се забележи дека Mozilla почнува со активно учество во дебатите за политика во ЕУ. Некои од точките што се предложени во реформата за авторско право во ЕУ се пресекуваат со заложбите на нејзиниот манифест и добро е да се види дека поддршката за промени во корист на јавноста може да се шири.

Ова ќе биде интересно копирајт лето.

Европската комисија за интелектуалната сопственост во Македонија во 2011 година

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Chapter 7: Intellectual property law

There was some development in the area of copyright and neighbouring rights. The Law on copyright and neighbouring rights improved the framework for the licensing of collective rights management (CRM) societies and set a deadline of September 2011 for renewal of the old licences. Alignment of the law with EU acquis remains to be confirmed. However, the CRM societies remain inactive and/or are still to obtain their licences under the new Law on copyright. The administrative capacity of the unit responsible for copyright in the Ministry of Culture remains weak. In the area of copyright and neighbouring rights, the country is moderately advanced.

Good progress was made in the area of industrial property rights. The Law on industrial property was amended to better protect the geographical names of agricultural products and to increase the competences of the State Market Inspectorate (SMI) when seizing counterfeit items. Furthermore, the Law on ratification of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration was adopted. The State Office for Industrial Property (SOIP) signed a 2010-2012 action plan for cooperation with the European Patent Organization. Some management staff of the SOIP resigned; however, a total of 33 staff is sufficient. Activities to raise awareness of intellectual property rights (IPR) continued. Under the TEMPUS programme, the Centre for Intellectual Property Education launched the first specialised master studies on IPR starting with the 2010-2011 academic year. As part of the curriculum for continuous training of the Academy for Judges and Prosecutors, 405 members of the judiciary were trained on IPR in 2010. In the area of industrial property rights, the country remains well advanced.

Progress can be reported as regards enforcement. The Coordination Body for Intellectual Property (CBIP) in 2010 undertook 23 coordinated actions throughout the country to combat piracy and counterfeiting. The CBIP continued to seize counterfeit goods, mainly audio/video CDs, clothing, cigarettes and alcohol, but also toys, software and broadcasting equipment. Cooperation with the Agency for Managing Confiscated Property continued and about 180,000 goods that were the subject of a court decision were publicly destroyed in 2010. The distribution of competences between the law enforcement institutions (SMI, the Customs administration and the Ministry of Interior) remains unclear. Seizure of counterfeit pharmaceutical products started in cooperation with the Bureau on pharmaceuticals, but consumers' awareness of their health risks and threats to their safety remains limited. The number of misdemeanour, civil and criminal proceedings increased; 91 out of 152 cases dealt with by the specialised IPR departments of the 13 basic courts were completed in 2010. 34 fines of between €200 and €1,600 were imposed on legal entities, and 10 individuals were sentenced to 6 months' imprisonment. However, counterfeit products continued to be sold on temporary stalls in the streets, markets and outlets. The trade in counterfeit medicines and fake products via the internet is not subject to criminal prosecution. There is still no reliable enforcement record. A methodology for collecting statistical data has yet to be developed. A system for exchanging data between the law enforcement institutions has yet to be established. Counterfeit channels remain untraced and little was done to tackle the 'counterfeit pyramid'. A central body is needed in order to bring together the various institutions and authorities involved in enforcement related activities and to fully assess the current situation and develop a national strategy and action plan.

Conclusion

Some progress was made in terms of the IPR legal framework. The framework for the licensing of collective rights management societies was improved. The powers of the State Market Inspectorate when seizing counterfeit items were increased. Law enforcement institutions continue to cooperate, but their respective responsibilities with regard to enforcement of intellectual property rights remain unclear. Although the actions of the CBIP continued on a regular basis, counterfeiting and piracy remains widespread. The track record on investigation, prosecution and judicial handling of piracy and counterfeit is not satisfactory. Counterfeit and piracy are not addressed as an aspect of organised crime. The level of awareness of intellectual property rights among the public remains low. Overall, preparations in the area of Intellectual property law are advancing.

Целиот извештај: http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/mk_rappor...
Заклучоци: http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/conclusio...
Веб: http://ec.europa.eu/enlargement/press_corner/key-documents/reports_nov_2...

Претходно:
2010
2009

Европската комисија за интелектуалната сопственост во Македонија 2010

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4.7. Chapter 7: Intellectual property law

Some progress has been made on copyright and neighbouring rights. A new Law on
copyright and neighbouring rights was enacted with an aim to reach alignment with the
Enforcement Directive. Following best international practice, copyright royalties will be
calculated on the basis of the income instead of the profit. The website of the Ministry of
Culture on copyright protection is now regularly updated. The decisions of the Ministry of
Culture to suspend the activities of two of the three collective rights management (CRM)
societies were annulled following a decision of the Administrative Court. However, the
Ministry of Culture did not reinstate these two CRM societies’ licences. Only the Association
for Protection of Copyright on Musical Works (ZAMP) is currently active. The unit
responsible for copyright in the Ministry of Culture remains understaffed, with only four
employees. In the area of copyright and neighbouring rights the country is moderately
advanced.

Further progress has been made in the area of industrial property rights. The Criminal Code was amended to better define intellectual property rights (IPR) infringements and to increase the maximum prison term to five years. The country ratified the Patent Law Treaty, the
Vienna Agreement for establishing an international classification of the figurative elements of
marks, the Singapore Treaty on the law on trademarks, the Lisbon Agreement for the
protection of appellations of origin and their international registration, and the Protocol
amending the Agreement on trade-related aspects of intellectual property (TRIPS). The
staffing of the State Office for Industrial Property (SOIP) remains sufficient even though it
has decreased from 34 to 32 in 2010. Activities to raise awareness of IPR issues were held in
cooperation with the World Intellectual Property Organisation (WIPO), the European Patent
Office, the European Patent Academy, the Skopje Law Faculty, and the Academy for training
of judges and prosecutors. In the area of industrial property rights the country is well
advanced.

Some progress can be reported as regards enforcement. The national strategy for intellectual property is being implemented. The Coordination Body for Intellectual Property (CBIP)
adopted its operational programme for combating piracy and counterfeiting. The CBIP
continued to take regular action throughout the country and seized about 130,000 counterfeit
products and closed 10 outlets in 2009. Information about the activities of the CBIP is
published monthly. Goods seized were mainly counterfeit audio/video CDs, clothing,
cigarettes and alcohol. Those goods that were the subject of a court decision were forwarded
to the Agency for Managing Confiscated Property and publicly destroyed. A group of
customs officers was trained to specifically deal with combating counterfeiting and piracy.
State market inspectors received training to recognise counterfeit products. However, the
division of competences between the law enforcement institutions is not clear. Awareness of
the health and safety risks of counterfeit pharmaceutical products is limited. A reliable
enforcement record is still missing. A system for exchanging data between the law
enforcement institutions has yet to be established and the method for collecting statistical data
on enforcement is underdeveloped. Counterfeit channels are rarely traced and little was
undertaken to eradicate the top of the counterfeit pyramid. The number of misdemeanour,
civil and criminal proceedings remains unsatisfactory. Only 23 out of 98 cases dealt with by
the specialised IPR departments of the 13 basic courts were completed in 2009. Fines of up to
€ 1,000 were imposed on legal entities. Criminal and misdemeanour charges were pressed
against individuals, but the selling of counterfeit products on temporary stalls continued.
Cooperation with the Agency for Managing Confiscated Property has been established. As
regards enforcement, the country is moderately advanced.

Conclusion

Some progress has been made in terms of the IPR legal framework. A new Law on copyright
and neighbouring rights was enacted. Law enforcement institutions cooperate, but the division
of responsibilities over IPR enforcement is unclear. The CBIP took regular action; however,
counterfeiting and piracy remains widespread and fake products continue to be sold in the
main streets, markets and outlets. The track record on investigation, prosecution and judicial
handling of piracy and counterfeiting is not satisfactory. The level of awareness of intellectual
property rights among the public remains low.

Од: http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/mk_rappor...
Види и за 2009.

Европската комисија за интелектуалната сопственост во Македонија

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4.7. Chapter 7: Intellectual property law

Some progress has been made on copyright and neighbouring rights. The amendments to the Criminal Code regarding breach of copyright and increasing the maximum prison term have had a positive impact. The number of court proceedings has increased. They lasted between one month and about three years. The website on copyright protection established by the Ministry of Culture is not regularly updated.

The administrative court instructed the second-instance commission to annul within one month its decisions suspending the activities of two of the three collective rights management societies. However, this has yet to be done. The Constitutional Court annulled some provisions of the rulebook on the levy scheme and the rulebook on the calculation of royalties of the Association for Protection of Copyright on Musical Works (ZAMP). Concerns have been expressed about this decision, which relates to interpretation of Article 146(6) of the current Copyright Law. The court stated that copyright royalties should be calculated only on the profit, not on the income, from using a copyright work. Overall, in the area of copyright and related rights the country is moderately advanced.

There has been good progress in the area of industrial property rights. The country became a member of the European Patent Organisation. The State Office for Industrial Property (SOIP) is responsible for implementing the European Patent Convention (EPC). A new Law on Industrial Property provides the basis for implementing the EPC. Alignment has yet to be confirmed. Several pieces of legislation implementing the new Law on Industrial Property have been adopted.

A Law on Plant-Breeders’ Rights was enacted. Alignment has yet to be confirmed. The International Convention for Protection of New Varieties of Plants has been ratified. More staff were recruited to the SOIP, bringing the total number to 34. The SOIP and the Ministry of Economy undertook a number of public awareness-raising activities. The SOIP, in cooperation with the European Patent Office, organised seminars on patent applications and drafting patent claims. Alignment of the trademark law is not satisfactory. Overall, in the area of legislative alignment on industrial property rights the country is advanced.

There has been good progress on enforcement, both at the borders and throughout the country. However, piracy and counterfeiting remain widespread. A national strategy and an action plan for building up the capacity needed to implement and enforce the acquis in the area of copyright, related rights and industrial property rights was adopted.

The Coordination Body for Intellectual Property (CBIP) was active, taking frequent and well-coordinated action across the country. The government was informed about CBIP activities twice a month and provided support. Appropriate criminal and misdemeanour procedures were initiated and outlets were closed. Seized goods that had been the subject of a court decision were publicly destroyed with media coverage. However, the efforts made to combat counterfeiting are not sufficient. The goods seized were mainly audio/video CDs, clothing, cigarettes and alcohol. Equipment used to produce counterfeit goods and computers running unlicensed software are confiscated but not destroyed. Cooperation with the Agency for Managing Confiscated Property has yet to be established.

Some progress was made on the awareness, experience and qualifications of inspectors and judges. The State Market Inspectorate was provided with extensive IT equipment to strengthen its capacity and received training on intellectual property rights (IPR). The customs administration increased its IPR enforcement activities. IPR protection has been made an integral part of the training curriculum of the academy for training judges and prosecutors from the 2009-2010 academic year on.

The Ministry of Justice has supported the work of the specialised IPR departments of the 13 basic courts and submitted monthly statistics on IPR-related court proceedings to the SOIP. The number of misdemeanour, civil and criminal proceedings is unsatisfactory. About 40 copyright and industrial property cases were completed in 2008. Fines and other sanctions were imposed in about half of them. However, fines were not imposed effectively and averaged €250, ranging from €15 to €10,000. A reliable enforcement record has yet to be established and the method for collecting statistical data on enforcement is weak. Some awareness-raising activities have been carried out, but the overall level of awareness about IPR is still unsatisfactory. Although the country has started to address its priorities, the resources allocated are still insufficient for proper IPR enforcement.

Conclusion

Some progress has been made towards strengthening the legal framework and enhancing administrative capacity and institutional cooperation in the area of intellectual property law. The track record regarding the number and value of goods seized and destroyed and the number of court proceedings initiated and completed is not yet satisfactory. Overall, enforcement, though improving, is not yet satisfactory.

Од THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA 2009 PROGRESS REPORT.