On October 17 2012 the Supreme Administrative Court cancelled the Decree of the Ministry of Education and Science on Approval of the Selection Procedure for collective management organisations.

Accordingly, the following key provisions were abolished:

  • the collective management organisation selection procedure based on the number of contracts with copyright holders; and
  • the right of the State Service of Intellectual Property to select and register the collective management organisation.

The court declared that the main reason for cancelling the decree was its non-conformity with the Law on Copyright and Related Rights, which provides that the Ministry of Education and Science should hold the power to supervise the activities of collective management organisations and assist them where necessary.

The draft Law on Amendments to the Laws Regarding Intellectual Property was recently proposed by the Cabinet of Ministers. If adopted, the registration procedure and regulation of activities of collective management organisations would be directly provided for in the Law on Copyright and Related Rights, rather than in separate legislative acts.

For further information on this topic please contact Oleksandr Padalka or Yulia Yanyuk at Asters by telephone (+380 44 230 6000), fax (+380 44 230 6001) or email (oleksandr.padalka@asterslaw.com or yulia.yanyuk@asterslaw.com).

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