THE ORDER OF THE STATE COMMITTEE OF UKRAINE CONCERNING REGULATORY POLICY AND THE ENTREPRENEURSHIP

of July 7, 2003 No. 75

About the size of service fee of Depositary of copies of disks for laser systems of reading

In pursuance of the resolution of the Cabinet of Ministers of Ukraine of July 4, 2002 N925 "About Approval of the Procedure for Provision, Storage and Issue of Copies of Disks for Laser Systems of Reading", for the purpose of ordering of rules and conditions of issue of information from the register of copies of disks for laser systems of reading and establishment of payment for its issue

I ORDER:

1. Approve the Instruction about procedure for issue of information from the Register of copies of disks for laser systems of reading it (is applied).

2. Approve the size of service fee of Depositary of copies of disks for laser systems of reading it (is applied).

3. And authorization system (Apatenko O. P.) in accordance with the established procedure to provide to inspection department provision it on state registration in the Ministry of Justice of Ukraine.

4. To impose control of execution of the order on the vice-chairman Tretyakov S. I.

 

Approved by the Order of the State committee of Ukraine concerning regulatory policy and entrepreneurship on July 7, 2003 No. 75

The instruction about procedure for issue of information from the Register of copies of disks for laser systems of reading

1. General provisions

This Instruction is developed according to the resolution of the Cabinet of Ministers of Ukraine of 04.07.2002 of N925 "About Approval of the Procedure for Provision, Storage and Issue of Copies of Disks for Laser Systems of Reading".

The purpose of this Instruction is regulation of legal relations concerning issue and fee on issue of information from the Register of copies of disks for laser systems of reading for providing within the current legislation of use of information and observance of the right of owners of information to its protection.

Creation and maintaining the Register of copies of disks for laser systems of reading is performed by the State committee of Ukraine concerning regulatory policy and entrepreneurship which is his manager (further - the Manager).

2. Determination of terms

The terms below are used in such value:

2.1. Depositary of copies of disks for laser systems of reading (further - Depositary) - storage for ensuring storage of copies of disks for laser systems of reading (further - disks).

2.2. The register of copies of disks (further - the Register) - data set about disks, their vendors (importers), and also persons who belong non-property, property rights on the corresponding objects of copyright and/or the related rights containing on these copies of disks. The register is component of Depositary.

2.3. Registration card - the data specified in registration card and the help which go vendors (importers) to Depositary together with disks for laser systems of reading.

2.4. The user - the legal entity or physical person obtaining information from the Register (further - the User).

2.5. Information protection - set of organizational and technical actions and precepts of law for prevention of damnification to interests of the owner of information or the automated system and persons using information.

2.6. (Daleeotvetstvenny) responsible for creation and maintaining the Register - the official determined for implementation of the functions connected with processing, accumulating and issue of information concerning disks which are kept in Depositary which is assigned by the order Gospredprinimatelstva of Ukraine.

For the period of absence of the specified official (in connection with disease) its functions are performed by the direct head. In case of long-term absence of the official Rasporyaditelya (leave, business trip and so forth) Gospredprinimatelstva of Ukraine is determined by the order other official who is temporarily fulfilling the duties stated above.

3. Use of data of the Register

3.1. Have information access from the Register:

vendors of disks;

customers on production of the corresponding disks concerning which information is entered in the Register;

persons who belong non-property, property rights on the corresponding objects of copyright and/or the related rights containing on disks;

executive bodies within the powers conferred to them, stipulated by the legislation.

3.2. Person who belong non-property, property rights on the corresponding objects of copyright and/or the related rights containing on disks, vendors of disks customers and other persons have no right to be informed concerning other owners of intellectual property rights or holders of these rights, vendors and customers entered in the Register.

3.3. Issue of data from the Register to vendors of disks, to customers concerning whom information is entered in the Register, persons who belong non-property, property rights on the corresponding objects of copyright and/or the related rights containing on disks is performed on paid basis. The size of service fee of Depositary is established by Gospredprinimatelstva of Ukraine.

3.4. Data transmission of the Register is forbidden to the third parties on commercial basis.

4. Procedure and conditions of issue of information from the Register

4.1. Information from the Register is provided based on the written request of the User.

4.2. The request shall contain information concerning the User which would confirm its right to the relevant information.

4.3. Indicators of registration card on which information can be provided to the User from the Register:

- name of the vendor (importer);

- location of the vendor (importer);

- identification code of the vendor (importer);

- special identification code of the vendor (importer);

- number and date of issue of the license for production (import) of disks;

- disk type (audio, video, multimedia, with the software and so forth);

- name of disk;

- number of disk according to the directory (signature);

- contract to produce disks (number, date, name of the customer);

- amount of the produced (imported) lot of disks;

- name of works;

- authors;

- composers;

- contractors;

- subject author's and/or related rights.

4.4. Based on the order of the vice-chairman Gospredprinimatelstva of Ukraine request is reviewed Responsible regarding information possibility of its satisfaction. The term of studying of request shall not exceed three calendar days. After the specified term Responsible reports to the User about satisfaction of request, or sends letters on failure in its satisfaction with indication of reasonable motives of failure.

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