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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 20, 2003 No. 744

About approval of the Regulations on procedure for production, issue and drawing control brands on copies of works and soundtracks and Regulations on order of registration in the State register of receivers of control brands

(as amended on 14-08-2015)

According to Item c) parts (4) article 18 of the Law on distribution of copies of works and soundtracks No. 1459-XV of November 14, 2002. The government of the Republic of Moldova DECIDES:

Approve Regulations on procedure for production, issue and drawing control brands on copies of works and soundtracks according to appendix No. 1;

Regulations on order of registration in the State register of receivers of control brands according to appendix No. 2.

Prime Minister of the Republic of Moldova

Vasile Tarlev

Countersign:

Deputy Prime Minister, Minister of Economic Affairs

 

Stefan Odazhiu

Minister of Finance

Zinaida Grechany

Minister of Justice

To Vasile Dolgiyer

Appendix No. 1

to the Order of the Government of the Republic of Moldova of June 20, 2003 No. 744

Regulations on procedure for production, issue and drawing control brands on copies of works and soundtracks

I. General provisions

1. This provision is developed based on Item c) of part (4) article 18 of the Law on distribution of copies of works and soundtracks No. 1459-XV of November 14, 2002. (Official monitor of the Republic of Moldova, 2003, Art. No. 11-13, 42). Its action extends on legal entities and physical person - subjects of business activity which are engaged in production and/or distribution of copies of works and soundtracks. The purpose of provision is regulation of the relations connected with production, issue and drawing control brands on copies of works and soundtracks, and also ensuring compliance with the legislation on copyright and the related rights.

II. Basic concepts

2. In this provision the following basic concepts are used:

the work - the audiovisual work, the computer program or the electronic database;

copy of the work or soundtrack - the copy of the work or soundtrack displayed on any material carrier, made, directly or indirectly, from the original or other copy of the work or soundtrack;

production of copies of works or fonogrammizgotovleniye of one or more copies of the work or soundtrack with observance of copyright and the related rights according to the Law on distribution of copies of works and soundtracks No. 1459-XV of November 14, 2002 and the legislation on copyright and the related rights;

distribution of copies of works or soundtracks - import, export, distribution, delivery to hire or trade in any manner and in any form copies of works or soundtracks according to the Law on distribution of copies of works and soundtracks No. 1459-XV of November 14, 2002 and the legislation on copyright and the related rights;

the cover of the work or soundtrack - part of packaging which contains graphical expressed information on management of the rights to the work or the soundtrack fixed on any material carrier and accompanies each copy of the work or soundtrack;

control brand - the label of single sample in the form of the three-dimensional image on the self-adhesive and self-destroyed basis containing the alphanumeric code consisting of series and number of copy of the work or soundtrack with the special level of protection on outer side;

production of control brands - activities of subjects of entrepreneurship which produce control brands in the appropriate order by request of the State agency on intellectual property;

storage of control brands - the actions of the State agency on intellectual property directed to warehousing of control brands until issue to their applicants.

III. Production of control brands

3. Production of control brands is performed according to the Law on distribution of copies of works and soundtracks No. 1459-XV of November 14, 2002.

4. Control brands are made by request of the State agency on intellectual property (further - the Agency).

5. The sample of control brand affirms the Agency. The sizes of control brand are equal to 18 x 16 mm. The control brand is made in the form of single sample in the form of the three-dimensional image on the self-adhesive and self-destroyed basis, contains the alphanumeric code consisting of series and number from 7 figures with the special level of protection on outer side.

6. The control brand has the alphanumeric code including the series consisting of two letters and number consisting of seven figures which are located in the following procedure: letters, and then figures. Depending on the material carrier on which copies of works or soundtracks were written down the following series of control brands are established:

a) the letter "A" and one of letters from "And" to "Z" according to the alphabet - for audio cassettes (MS);

b) the letter "V" and one from letters from "And" to "Z" according to the alphabet for videotapes (VHS);

c) the letter "D" and one from letters from "And" to "Z" according to the alphabet for compact disks of any format (CD, the DVD, etc.);

d) the letter "X" and one from letters from "A" to "Z" according to the alphabet - for other material carriers which are known nowadays or will appear in the future.

7. At production phase the control brand is numbered according to Item 5.

8. Two letters of the alphabet which are located near number of control brand constitute the coded number of circulation and change on each one million control brands.

9. The agency signs the contract with the producer of control brands for production of the subsequent batches of control brands according to the conditions established for production of the first batch.

10. The technical description on control brands is given by their producer and affirms the Agency. The company producing them bears responsibility according to the current legislation for inappropriate production of control brands.

11. The right to storage of control brands is granted to the Agency - from the moment of their obtaining from manufacturer before issue to the applicant.

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