of January 3, 2023 No. 241-Z
About restriction of exclusive rights for intellectual property items
Accepted by the House of Representatives on December 20, 2022
Approved by Council of the Republic on December 21, 2022
Article 1. For the purpose of ensuring functioning of information and communication infrastructure, creation of conditions for digital development and increase in level of information security, development of intellectual and spiritual and moral potential of society, ensuring access to achievements of world culture and events of modern life it is allowed to use the following intellectual property items without consent (permission) of the owner or the organization for collective management of property rights from the foreign states making unfriendly actions, determined by part two of this Article which prohibited or did not agree (permission) to use in the territory of the Republic of Belarus these legally promulgated objects:
the computer program which owner is person included in the list of owners of computer programs;
the audiovisual work which owner is person or property rights on which are in management of the organization for collective management of property rights, included in the list of owners of audiovisual works and the organizations for collective management of property rights, being part of TV program which edition is the state organization determined by part three of this Article, and (or) used by the film distributing and (or) film spectacular organizations;
the piece of music which owner is person or property rights on which are in management of the organization for collective management of property rights, included in the list of owners of pieces of music and the organizations for collective management of property rights;
transfer of broadcasting to the organization which owner is person included in the list of owners of transfers.
For the purposes of this Law owners and the organizations for collective management of property rights from the foreign states making unfriendly actions are understood as the foreign owners and the foreign organizations for collective management of property rights connected with the foreign states included in the list of the foreign states making unfriendly actions concerning the Belarusian legal and (or) physical persons (including if such foreign owners have nationality of these states, place of registration of foreign owners and the foreign organizations for collective management of property rights, the place of preferential conducting economic activity by them or the place of preferential extraction by them of profit on activities are these states), both owners and the organization for collective management of property rights, which are under control of the specified foreign persons, irrespective of the place of their registration or the place of preferential conducting economic activity by them.
For the purposes of this Law are understood as the state organization the state legal entity of the Republic of Belarus, the organization, 50 and more percent of shares (share in authorized fund) of which are in property of the Republic of Belarus and (or) its administrative and territorial units, the organization created according to international treaties of the Republic of Belarus which founders are the Republic of Belarus together with foreign states.
The Council of Ministers of the Republic of Belarus determines the state bodies authorized on determination and maintaining the lists specified in parts one of this Article, and also procedure for forming and maintaining such lists.
Regulations of Item 2 of article 55 of the Law of the Republic of Belarus of May 17, 2011 No. 262-Z "About copyright and the related rights" are not applied to persons using intellectual property items based on part one of this Article.
Article 2. Remuneration is paid for use of computer programs, audiovisual works, pieces of music, transfers of the organizations of broadcasting according to part one of article 1 of this Law, except as specified, when the owner allows use of the specified objects without remuneration payment and also provided by legal acts of cases of free use of such objects without remuneration payment.
The remuneration specified in part one of this Article is enlisted on the current (settlement) bank accounts of patent body where it is stored poste restante by the owner or the organization for collective management of property rights within three years from the moment of transfer on these current (settlement) bank accounts, without right to use of the specified remuneration by patent body.
After three years the remuneration which was not demanded by the owner or the organization for collective management of property rights within three months is listed by patent body in the income of the republican budget.
Amounts of remuneration, specified in parts one of this Article, procedure for its payment, and also procedure for transfer of unclaimed remuneration in the income of the republican budget are determined by Council of Ministers of the Republic of Belarus.
Along with transfer of the remuneration specified in part one of this Article data on use of computer programs, audiovisual works, pieces of music, transfers of the organizations of broadcasting specified respectively in paragraphs the second or fifth to part one of article 1 of this Law, and also documents connected with calculation and payment of such remuneration are represented to patent body.
The patent body has the right to make from the amount of the remuneration of assignment enlisted on its current (settlement) bank accounts in the amount of no more than 20 percent for covering of the expenses connected taking into account such remuneration and its payment to owners and the organizations for collective management of property rights. The procedure for expenditure of the specified money is established by patent body.
Activities of patent body for accounting of the remuneration specified in part one of this Article and its payment are not entrepreneurial.
Article 3. For the purpose of creation of conditions for increase in internal stability of economy import to the territory of the Republic of Belarus and introduction in civil circulation of goods in which are applied (contain, are included) intellectual property items, without consent (permission) of owners from the foreign states including making unfriendly actions if such goods are included in inventories (groups of goods), import to the territory of the Republic of Belarus and introduction in which civil circulation are allowed without consent (permission) of owners from foreign states (further - inventories) are allowed. At the same time use without consent (permission) of the owners of the intellectual property items applied (containing, included) in such goods (groups of goods), necessary for use of these goods (groups of goods) according to their appointment, is not recognized violation of exclusive rights on these objects.
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