AGREEMENT

of November 12, 2021

About cooperation of the State Parties of the CIS on protection and protection of the rights to objects of copyright and the related rights in information and telecommunication networks

The governments of the State Parties of this agreement which further are referred to as with the Parties

understanding need of further deepening of cooperation in the field of protection of the rights to objects of copyright and the related rights taking into account modern requirements of international law in the field of intellectual property,

considering importance of enhancement of system of protection of the rights to objects of copyright and the related rights in the conditions of development of information telecommunication technologies,

expressing concern in connection with insufficient settlement of use of objects of copyright and the related rights in information and telecommunication networks, including on the Internet,

being guided by the universally recognized norms and the principles of international law,

understanding importance of expansion of trade and economic and cultural ties between the Parties,

based on the Agreement on cooperation in the field of protection of copyright and the related rights of September 24, 1993, the Agreement on cooperation in the field of legal protection and protection of intellectual property and creation of Interstate council on questions of legal protection and protection of intellectual property of November 19, 2010,

in view of the Agreement on cooperation in the field of counteraction to production and distribution of counterfeit products of May 26, 2017, and also provision of the Bern convention on protection literary and works of art of September 9, 1886 (with changes of September 28, 1979, further - the Bern convention), Conventions on protection of interests of vendors of soundtracks from illegal reproduction of their soundtracks of October 29, 1971, the International convention about protection of the rights of contractors, vendors of soundtracks and the broadcasting organizations of October 26, 1961, the Agreement on trade aspects of intellectual property rights of April 15, 1994, the Agreement of the World Intellectual Property Organization (WIPO) on copyright of December 20, 1996 (DAP), the Agreement of the World Intellectual Property Organization (WIPO) on execution and soundtracks of December 20, 1996 (DIF), The Beijing agreement on audiovisual execution of June 24, 2012, and also the Marrakesh agreement on simplification of access for blind people and persons with violations of sight or other limited capabilities to perceive printing information to the published works of June 27, 2013,

agreed as follows:

Article 1

The State Parties of this agreement confirm the obligations on ensuring protection of the rights to objects of copyright and the related rights in information and telecommunication networks, including on the Internet, according to requirements of the international treaties specified in preamble in the field of intellectual property which participants they are.

The State Parties of this agreement, not being participants of the specified international treaties, will aim to follow their principles or to join them.

Article 2

The parties according to the legislation of the states enable development and implementation of measures, the mechanisms of counteraction to violation of the rights to objects of copyright and the related rights directed to creation in information and telecommunication networks, including on the Internet.

Article 3

For ensuring implementation of this agreement of the Party, being guided by the legislation of the states, develop cooperation in the following directions:

enhancement of the legislation of the states in the field of intellectual property in the part concerning protection and protection of the rights to objects of copyright and the related rights in information and telecommunication networks, including on the Internet;

development of actions for warning and suppression of illegal use of objects of copyright and the related rights in information and telecommunication networks, including on the Internet, including use of technical means of protection;

deepening of cooperation of authorized (competent) bodies of the Parties with owners;

information exchange in the field of counteraction to illegal use of objects of copyright and the related rights in information and telecommunication networks, including on the Internet, between authorized (competent) bodies of the Parties;

providing on permanent basis of exchange of educational, methodical and special literature, and also results of scientific research on this subject;

holding seminars, scientific and practical conferences, forums, and also scientific research, including joint, on this subject.

Article 4

The parties are recognized that authors and other owners have exclusive right to resolve use of the objects of copyright and (or) the related rights belonging to them in information and telecommunication networks, including on the Internet.

Article 5

The parties agree that action of restrictions and withdrawals, the stipulated by the legislation State Parties of this agreement according to the Bern convention, DIF and DAP, can extend to use of objects of copyright and the related rights in information and telecommunication networks, including on the Internet. At the same time the Parties have the right to set in certain particular cases other restrictions and withdrawals from the rights granted to authors and other owners who do not cause damage to normal use of objects of copyright and the related rights and unreasonably do not infringe upon legitimate interests of authors and owners.

Article 6

For the State Parties of this agreement in information and telecommunication networks, including on the Internet, are understood as use of objects of copyright and the related rights:

reproduction (in sense of article 9 of the Bern convention, articles 7 and 11 DIF);

distribution (in sense of article 6 DAP, articles 8 and 12 DIF);

the message and (or) informing everyone (in sense of article 8 GAVE, articles 10 and 14 DIF).

Article 7

For the State Parties of this agreement the message and (or) informing everyone objects of copyright and the related rights includes in particular:

use of objects of copyright and the related rights as a part of radio - and (or) the television programs transmitted through Internet resources;

use of objects of copyright and the related rights in information and telecommunication networks, including on the Internet, by provision of access to them in such a way that any person can get access to such objects from any place and at any time at its sole option.

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