Consumer Electronics

30/ 05/ 2013

The Draft CMU Resolution “On Amendments to CMU Resolution “On the Size of Copyright Levies To Be Paid by Producers and Importers of Equipment and Data Storage Device Used in Domestic Conditions for Reproducing Works and Performances Fixed in Phonograms and (or) Videograms” No. 992 dated 27 June 2003” (hereinafter – the draft CMU Resolution) was elaborated by the State Intellectual Property Service of Ukraine (hereinafter – the SIPS) together with the EBA Consumer Electronics Committee to create a clear list of equipment and data storage devices subject to pay copyright royalties. Background: An absence of a clear list of equipment and data storage devices in the CMU Resolution “On the Size of Copyright Levies To Be Paid by Producers and Importers of Equipment and Data Storage Device Used in Domestic Conditions for Reproducing Works and Performances Fixed in Phonograms and (or) Videograms” No. 992 dated 27 June 2003 (hereinafter – Resolution No. 992) and an absence of transparent mechanisms to pay these copyright levies caused a lot of problems for businesses, first of all in their relations with the authorised collective management organisation which interpreted the data in the CMU Resolution No. 992 too broadly. The second problem was the unjustifiably high rate of copyright levies: 3% and 5% of the cost of the equipment and data storage devices accordingly. Thus the EBA Consumer Electronics Committee since 2011 actively advocated the idea of revision of the Resolution No. 992. The EBA organised a number of meetings with representatives of different state authorities and stakeholders, addressed a number of appeals to both Ukrainian and EU officials and promoted the Committee’s position on all possible levels. Due to our efforts the SIPS has elaborated the draft Government Resolution in line with the EBA proposals and published it on its official web-site for public consideration on 22 May 2013. We would like to thank all EBA members who supported and contributed to our efforts focused on solving this issue. The EBA will continue our lobbying activity in order to ensure adoption of the draft CMU Resolution and to create a transparent system of intellectual property rights protection through active cooperation with the SIPS and other stakeholders.

Background: An absence of a clear list of equipment and data storage devices in the CMU Resolution “On the Size of Copyright Levies To Be Paid by Producers and Importers of Equipment and Data Storage Device Used in Domestic Conditions for Reproducing Works and Performances Fixed in Phonograms and (or) Videograms” No. 992 dated 27 June 2003 (hereinafter – Resolution No. 992) and an absence of transparent mechanisms to pay these copyright levies caused a lot of problems for businesses, first of all in their relations with the authorised collective management organisation which interpreted the data in the CMU Resolution No. 992 too broadly. The second problem was the unjustifiably high rate of copyright levies: 3% and 5% of the cost of the equipment and data storage devices accordingly.

Thus the EBA Consumer Electronics Committee since 2011 actively advocated the idea of revision of the Resolution No. 992. The EBA organised a number of meetings with representatives of different state authorities and stakeholders, addressed a number of appeals to both Ukrainian and EU officials and promoted the Committee’s position on all possible levels.

Due to our efforts the SIPS has elaborated the draft Government Resolution in line with the EBA proposals and published it on its official web-site for public consideration on 22 May 2013.

We would like to thank all EBA members who supported and contributed to our efforts focused on solving this issue. The EBA will continue our lobbying activity in order to ensure adoption of the draft CMU Resolution and to create a transparent system of intellectual property rights protection through active cooperation with the SIPS and other stakeholders.

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