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/me Official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No. 1176 29 September 2000 Vilnius ON THE AP

/me Official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No. 1176 29 September 2000 Vilnius ON THE APPROVAL OF THE STRATEGY FOR THE PROTECTION OF COPYRIGHT AND RELATED RIGHTS AND MEASURES FOR THE YEARS 2000-2003 FOR THE IMPLEMENTATION THEREOF The Government of the Republic of Lithuania h a s r e s o l v e d:

  1. To approve: 1.
  2. the Strategy for the Protection of Copyright and Related Rights (attached thereto); 1.
  3. the Measures for the Years 2000-2003 for the Implementation of the Strategy for the Protection of Copyright and Related Rights (attached thereto).
  4. To authorise the Ministry of Culture of the Republic of Lithuania to co-ordinate the implementation of the Strategy for the Protection of Copyright and Related Rights, approved by this Resolution. Prime Minister Andrius Kubilius Minister of Culture Arūnas Bėkšta __________ APPROVED by Resolution No. 1119 of 29 September 2000 of the Government of the Republic of Lithuania THE STRATEGY FOR THE PROTECTION OF COPYRIGHT AND RELATED RIGHTS I. GENERAL PROVISIONS
  5. The Strategy for the Protection of Copyright and Related Rights (hereinafter referred to as the Strategy) has been drafted in the execution of the measures for the implementation of the Action Programme of the Government of the Republic of Lithuania for the years 1999-2000, which were approved by Resolution No. 1497 of 28 December 1999 of the Government of the Republic of Lithuania on the Approval of the Measures for the Implementation of the Action Programme of the Government of the Republic of Lithuania for the Years 1999-2000 (Official Gazette No. 114-3316, 1999). The Measures for the Years 2000-2003 for the Implementation of the Strategy for the Protection of Copyright and Related Rights have been projected. In working out both the Strategy and measures for the implementation thereof, due consideration has been given to the 1999 Regular Report from the European Commission on Lithuania’s progress towards accession.
  6. The Strategy is important to Lithuania’s progress in striving for membership of the World Trade Organisation (WTO) and integrating into the European Union. Article 67 of the Europe Agreement states that Lithuania must continue to improve the protection of intellectual property rights in order to provide for a level of protection similar to that existing in the European Union, including effective means of enforcing such rights.
  7. The main purpose of the Strategy is to develop further in 2000-2003 the system for the implementation and protection of copyright and related rights, having regard to the needs and international obligations of the Republic of Lithuania, and to co-ordinate the activities of public administration institutions, i.e. the Ministry of Culture, Ministry of Economy, Ministry of Finance, Ministry of Justice, Ministry of Foreign Affairs, Ministry of the Interior and Ministry of Public Administration Reforms and Local Authorities, in this field, as well as actions of law enforcement institutions and associations of holders of copyright and related rights. II. REVIEW OF THE PRESENT STATE
  8. The foundations for a modern regulatory framework ensuring the regulation and implementation of copyright and related rights have been laid down in the Republic of Lithuania in recent years. The Republic of Lithuania Law on Copyright and Related Rights (Official Gazette No. 50-1598, 1999), the provisions of which are in line with the EU directives and other international documents, was adopted on 18 May
  10. The Republic of Lithuania has ratified the fundamental international conventions regulating the protection of copyright and related rights. The Berne Convention for the Protection of Literary and Artistic Works (Paris, 1971) has become binding on the Republic of Lithuania since 14 December 1994, the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations – since 22 July 1999 and the Geneva Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of Their Phonograms – since 27 January
  11. The Republic of Lithuania has already proceeded with the ratification of the World Intellectual Property Organisation’s treaties– WIPO Copyright Treaty, done at Geneva on 20 December 1996, and WIPO Performances and Phonograms Treaty, done at Geneva on 20 December
  12. Upon Lithuania’s membership of the World Trade Organisation, the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the TRIPS Agreement) will enter into force.
  13. The legal framework relating to the protection of copyright and related rights has been improved. Administrative liability for the unauthorised reproduction, distribution, public performance or other exploitation, in any way and by any means for commercial advantage, of a literary, scientific or artistic work (including computer programmes and databases), or a sound and (or) video recording is established by Article 21410 of the Code of Administrative Law Infringement of the Republic of Lithuania (Official Gazette No. 25-637, 1998). The Republic of Lithuania Law on Amending Articles 35, 142, 308 and 3212 of the Criminal Code of the Republic of Lithuania and Supplementing Thereof with Articles 1421, 1422 and 1423 (Official Gazette No. 38-1055, 2000) and the Republic of Lithuania Law on Amending Articles 37, 126 and 173 of the Code of Criminal Procedure of the Republic of Lithuania (Official Gazette No. 38-1055, 2000) were adopted on 20 April
  14. The said laws should solve the relevant problems arising from the practical application of the Criminal Code of the Republic of Lithuania.
  15. In carrying out the National Programme for the Adoption of the Acquis and having regard to the requirements of the TRIPS Agreement, the Republic of Lithuania Law on the Protection of Intellectual Property in the Field of Import and Export of Goods has been drafted. Upon the adoption of the said Law, the conditions for the suspension of counterfeit goods or infringing (pirated) copies of works at the customs will be created, and the circulation and export thereof as well as the execution of any customs procedure in respect of them will be prohibited.
  16. In the implementation of copyright and related rights, collective administration of such rights is of particular importance. The Agency of Lithuanian Copyright Protection Association (LATGA-A), which commenced its activities in 1991 and which is a member of the International Confederation of Societies of Authors and Composers (CISAC), performs collective administration of copyright in the Republic of Lithuania, represents Lithuanian and foreign authors and associations of authors and performs collective administration of their rights. Collective administration of related rights is vested in the Agency of Related Rights Association (AGATA) which was founded at the end of
  18. The Ministry of Culture implements national policy in the area of copyright and related rights and co-ordinates, within its competence, the protection of these rights. Following Resolution No. 1283 of 19 November 1999 of the Government of the Republic of Lithuania Concerning the Implementation of the Republic of Lithuania Law on Copyright and Related Rights (Official Gazette No. 99-2861, 1999), the Ministry of Culture is the institution authorised by the Government of the Republic of Lithuania to act in the area of copyright and related rights.
  19. On 12 January 2000, the Lithuanian Board of Copyright and Related Rights was established. s The Board is a public institution which, in the capacity as expert and consultant, addresses issues relating to the implementation of the provisions of the Republic of Lithuania Law on Copyright and Related Rights and the international obligations undertaken by the Republic of Lithuania in the area of copyright and related rights, as well as submits its conclusions and proposals to the Ministry of Culture.
  20. Various valuations of the Lithuanian and international associations of holders of copyright and related rights reflect that the market share constituted by the pirated production is several times as big as the market share constituted by the legal production, even though no reliable data or statistics exist to testify to that. In addition, the Republic of Lithuania is considered to become the transit country of moving the pirated production to the Western Europe, i.e. an intermediary point. Public opinion of the present situation and rampant piracy is unjustifiably tolerant. Such public posture is determined not only by the general lack of the legal culture but also by the social problems of the public and the vast difference between the prices of legal and illegal production. The solution of such problems is not yet the State’s priority. The functions and authorisations of government institutions in the area of the implementation and protection of copyright and related rights are not defined sufficiently. There is lack of material resources, co-ordination and qualified specialists competent in the area of intellectual property law to make the activities more active. Education and training in the area of copyright and related rights are complicated by the fact that no scientific theoretical publications, textbooks and law commentaries are published with regard to intellectual property. A special police division (the Unit for the Protection of Intellectual Property Rights of the Tax Police Department under the Ministry of the Interior) with powers of combating piracy vested in it has been established, the implementation of the programmes for the education and training of officials started, however law enforcement institutions have not as yet paid enough attention to intellectual property-related issues. Due to the aforementioned reasons the implementation of the existing regulatory documents concerning copyright and related rights is not smooth, and it is very difficult to combat piracy. III. GOALS AND OBJECTIVES OF THE STRATEGY
  21. The principal goals of the Strategy are as follows: 12.
  22. to establish a reliable and efficient system for the implementation and protection of copyright and related rights in conformity with the European Union and international standards; 12.
  23. to guarantee and improve essentially the activities of government institutions and law enforcement institutions in the area of the protection of copyright and related rights; 12.
  24. upon the organisation of education and training in the area of intellectual property rights, to shape favourable public opinion of the importance of tackling problems relating to the protection of intellectual property rights to the Lithuanian national economy, culture and international recognition.
  25. Strategic objectives are as follows: 13.
  26. to upgrade the legislative framework relating to copyright and related rights, and to harmonise thereof with the European Union law and the provisions of the TRIPS Agreement of the World Trade Organisation; 13.
  27. to ensure the implementation of the Republic of Lithuania Law on Copyright and Related Rights; 13.
  28. to implement the international obligations undertaken by the Republic of Lithuania in the area of intellectual property ; 13.
  29. to build up administrative capacity of government institutions and law enforcement institutions in the area of the protection of copyright and related rights; 13.
  30. to reinforce a collective administration system of copyright and related rights; 13.
  31. to raise public awareness of intellectual property law and provide information to the public in relation thereto, to aim at ensuring the protection of intellectual property and to change the public posture to the importance of the protection thereof. IV. IMPROVEMENT of the legislative framework
  32. The Republic of Lithuania Law on Copyright and Related Rights regulates the protection of copyright and related rights. This law has been in force for less than a year, therefore the practical problems and shortcomings related thereto might come to light in a longer period of time with the generalisation of the results arising from the application of the law. In implementing the Strategy, the analysis of the application of the said law and other laws relating to the protection of copyright and related rights has to be made.
  33. There is no doubt that with Lithuania’s integration to the European Union the Republic of Lithuania Law on Copyright and Related Rights will have to be amended and supplemented in accordance with the EU legislation governing the protection of copyright and related rights in the information society.
  34. It is necessary to ensure the alignment of the provisions relating to the protection of copyright and related rights of the Criminal Code of the Republic of Lithuania, which has been drafted, and the Code of Administrative Law Infringement of the Republic of Lithuania, which is the phase being drafted, with the latest international requirements set for the protection of intellectual property rights. V. IMPLEMENTATION OF THE REPUBLIC OF LITHUANIA LAW ON COPYRIGHT AND RELATED RIGHTS
  35. Most of the difficulties in the practice of the implementation of the Republic of Lithuania Law on Copyright and Related Rights arise from the distribution (selling, rental and lending) of audio-visual works and phonograms fixed in various visual and audio media. The procedure for the implementation of these rights is not regulated by subordinate legislation relating to the aforementioned law. To improve the present state, a feasibility study is proposed to be made, and the proposals for the approval of the procedure concerning the distribution (selling, rental and lending) of audio-visual works and phonograms should be put forward to the Government of the Republic of Lithuania. The issue relating to the procedure for the registration of copyright licensing agreements, which grant the rights to disseminate audio-visual works and phonograms, should be tackled in parallel. These measures could be implemented only upon adopting the relevant amendments and supplements to the Republic of Lithuania Law on Copyright and Related Rights, which would define the protection of copyright and related rights in the information society.
  36. The object of intellectual property is often absent in the accounting documents concerning goods relating to intellectual property rights. Proposals must be prepared for amending the procedure for the filling in of accounting documents and the single document (customs declaration) so that the said documents would indicate not just the media in which the object of intellectual property may be stored (compact discs, audio, video tapes, etc.) but also the contents of such media, i.e. the object itself (audio-visual works, phonograms, etc.). These amendments would help to do away with the difficulty of identifying illegal production, would reduce the costs of examinations, would enable to control in an efficient way the legality of the selling and rental of intellectual property-related production and would improve the collection of levies at minimum costs. Analysis of the labelling practice with regard to goods relating to intellectual property rights and marketed in the Republic of Lithuania must also be made, and proposals for amending and supplementing the procedure for the labelling of goods must be prepared.
  37. To implement the provisions set out in the Republic of Lithuania Law on Copyright and Related Rights, the procedure for the payment of remuneration for the transferred exclusive right of authors to give books and other publications to lending, when it is made through libraries, and the procedure for the payment of remuneration for the reprographic reproduction of a work (photocopying or by any other means on paper) must be drafted and approved.
  38. With the aim of performing properly the functions of the institution authorised by the Government of the Republic of Lithuania to act in the area of copyright and related rights, as provided for in the Republic of Lithuania Law on Copyright and Related Rights, it is necessary to adopt the relevant subordinate legislation in the field. The Ministry of Culture should draft and approve: 20.
  39. Regulations for the supervision of collective administration associations of copyright and related rights; 20.
  40. Rules for the mediation in the negotiations between collective administration associations of copyright and related rights and users of rights concerning the conclusion of contracts; 20.
  41. Regulations for the protection of the moral rights of authors and performers upon the expiry of their economic rights;
  42. In upgrading the provisions for the protection of copyright and related rights in the information society, the Ministry of Culture together with the Ministry of Economy and the Ministry of Finance have to analyse the existing legal and practical possibilities and put forward proposals to the Government of the Republic of Lithuania concerning the remuneration of authors for the reproduction for personal use of audio-visual works and works fixed in a phonogram (a blank tape levy). With the aim of realising these proposals, amendments to Article 20 of the Republic of Lithuania Law on Copyright and Related Rights, which regulates the reproduction of works for personal use, have to be introduced. VI. OBSERVANCE OF THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF LITHUANIA
  43. Representation of the Republic of Lithuania in the World Intellectual Property Organisation must be ensured. Lithuania’s representation in the diplomatic conferences of the said organisation is required for the integration into the international community and the building up of the prestige of the State of Lithuania. Moreover, the interests of the Republic of Lithuania must be respected in the pursuit of the activities of the WIPO regional group of the Central, Eastern Europe and the Baltic States, when considering in 2000-2001 the international agreements drafted by the World Intellectual Property Organisation with regard to the protection of the rights of performers in audio-visual fixations, rights of broadcasting organisations and the legal protection of databases.
  44. On ratifying the fundamental conventions for the protection of copyright and related rights (the Berne, Rome and Geneva Conventions), the Republic of Lithuania must ensure adequate implementation of the provisions thereof when participating in the sittings of the working groups of intergovernmental committees and experts of the said conventions, which debate the opinions and proposals prepared by the States Parties with regard to the improvement of the protection of copyright and related rights and practical measures for the implementation thereof . VII. Development of administrative capacity of government INSTITUTIONS and law enforcement institutions
  45. The Ministry of Culture implements national policy in the area of copyright and related rights and co-ordinates, within its competence, the protection of these rights. The role of other public administration institutions in the area of the implementation of copyright and related rights is not strictly defined and is insufficient. In developing an efficient system for the implementation and protection of copyright and related rights in the Republic of Lithuania, efforts must be made to achieve co-operation among all interested government and law enforcement institutions. Since the prosecutor’s office, courts, police and customs authorities will play the most significant role in the area of the protection of rights and fight against piracy, the co-ordination therein is still lacking – within its competence, the Ministry of Culture co-ordinates the said area on a national level. In its aspirations for membership of the World Trade Organisation, the Republic of Lithuania must prepare itself to adhere to the provisions of the TRIPS Agreement and to observe the obligations in considering trade-related issues of intellectual property by way of multilateral process. A Governmental Commission for the Protection of Intellectual Property Rights (for fight against piracy and counterfeiting of goods) (hereinafter referred to as the Governmental Commission) represented by all interested public administration institutions and law enforcement institutions in its activities should be formed to this end. The Governmental Commission would also help to co-ordinate the implementation of the Strategy, would monitor and make the evaluation of the progress made.
  46. In the discharge of all essential obligations to prepare for negotiations for Lithuania’s membership of the EU, the Ministry of Finance together with the Ministry of Culture have to ensure adequate financing and functioning of the Copyright Division of the Ministry of Culture. The conditions required for the implementation of the relevant PHARE project aimed at reinforcing the administrative capacity of the said division (project No. LI 98 03 04 03) must be created. The Ministry of Culture also has to create the conditions for the functioning of the Lithuanian Board of Copyright and Related Rights, i.e. the adequate organisational and technical maintenance thereof must be ensured.
  47. There is lack of co-operation and poor exchange of information among various interested government institutions in the area relating to the protection of copyright and related rights. The established Governmental Commission should define the fundamental needs and trends of co-operation of government institutions in that area and should co-ordinate co-operation among the institutions.
  48. The latest amendments to the Criminal Code of the Republic of Lithuania and the Code of Criminal Procedure of the Republic of Lithuania provide for an increase in the role of the prosecutor’s office in implementing copyright and related rights. It is therefore necessary to appoint prosecutors at the Prosecutor’s General Office, county and district prosecutor’s offices, who would specialise in the area relating to the protection of copyright and related rights, and to organise their training and improvement of qualifications.
  49. In addressing intellectual property-related issues concerning the import and export of goods, officers responsible for the protection of intellectual property rights as regards imports and exports should be appointed at all territorial customs and the biggest customs posts. Co-operation between customs and police officers is provided for in the agreement on joint actions of 6 January 1998 of the Police Department under the Ministry of the Interior, Tax Police Department under the Ministry of the Interior and the Customs Department under the Ministry of Finance. Efforts must be made to achieve co-operation and exchange of information between customs authorities and other government institutions responsible for the protection of intellectual property rights. To ensure measures for the protection of intellectual property rights, the organisation of training for the employees of the Customs Department under the Ministry of Finance and the improvement of the qualification thereof are required.
  50. The Republic of Lithuania Law on Police provides for a possibility to establish special units and services operating in the police system. A special police division, i.e. the Unit for the Protection of Intellectual Property Rights of the Tax Police Department under the Ministry of the Interior, was established by Order No. 238 of 6 June 1998 of the Minister of the Interior. The personnel of this unit have to improve their qualifications; it is also necessary to utilise more rationally the activities of other police divisions in the area of the protection of intellectual property rights, to tackle issues relating to the introduction of organisational and technical measures and the training of the cadres of police services to protect intellectual property rights, to ensure the functions of the collection of data and statistics on the police level and to prepare a methodology for investigating administrative infringements in the field of copyright and related rights.
  51. The Ministry of the Interior is one of the government institutions responsible for the implementation of the provisions set out in the Geneva Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms. The business of the counterfeiting of goods and the manufacture and distribution of pirated copies of works often relate to the activities of organised criminal gangs. Having regard to the aforementioned facts, the Ministry of the Interior has to analyse the present situation and put forward to the Government of the Republic of Lithuania proposals concerning the capacities of the Organised Crime Investigation Service to combat piracy.
  52. On amending the version of Article 142 of the Criminal Code of the Republic of Lithuania and supplementing thereof with Articles 1421, 1422 and 1423, the scope of applying criminal liability for the infringements of intellectual property rights has been clearly expanding. The need for various forensic science examinations (document, handwriting, phonoscopic examinations, computer studies, chemical, physical material analyses, etc.) has also been increasing. It is therefore necessary to analyse the existing legal, organisational and technical possibilities for performing forensic science examinations in the investigation of cases relating to the infringements of intellectual property rights. VIII. REINFORCEMENT OF THE COLLECTIVE ADMINISTRATION SYSTEM OF COPYRIGHT AND RELATED RIGHTS
  53. The activities of collective administration associations of copyright and related rights are one of the most important elements of an effective system for the implementation and protection of copyright and related rights. This sphere is relatively weak in the Republic of Lithuania. The observance by the Republic of Lithuania of the international obligations in accordance with the Berne and Rome Conventions may be guaranteed only with an effective system for the collective administration of copyright and related rights. It is therefore necessary to render methodological assistance to the existing collective administration associations of those rights. To this end, PHARE funding is also required.
  54. To improve the present state, it is recommended that appropriate organisational, technical and methodological assistance should be rendered to the Agency of Related Rights Association, which will collectively administrate the rights of performers and producers of phonograms and thus create the conditions for the implementation of the provisions set out in the Rome Convention. Methodological assistance also has to be provided to the Agency of Lithuanian Copyright Protection Association and the INFOBALT Copyright Agency. Effective activities of the said organisations will significantly contribute to the protection of copyright in the information society. It is also necessary to promote co-operation of collective administration associations of copyright and related rights with the government institutions (law enforcement institutions in particular) whose activities relate to the fight against piracy. The Ministry of Culture has to ensure the supervision of the activities of collective administration associations of copyright and related rights, as provided for in the law. IX. EDUCATION AND TRAINING
  55. Education and training constitute one of the most important objectives of the Strategy. It is necessary to start immediately education and training of the officials of government and law enforcement institutions as well as the public in the area of the protection of intellectual property rights, and to consider the issue relating to lack of the legal literature in the field. The services of qualified scientists and practitioners shall be requested for the preparation of textbooks, law commentaries, reference books, interpretations and other material.
  56. The area of copyright and related rights is relatively new to most of the Lithuanian judges. Together with the Ministry of Culture, the Department of Courts under the Ministry of Justice have to organise additional training in this specific law field. It would be reasonable to organise training of judges in the form of various seminars, in-service training courses and secondments in the relevant foreign (European Union) institutions.
  57. With regard to the present state, it is recommended that the qualifications of officers of prosecutor’s offices and police be improved, special courses and training for them be organised and intellectual property law-related topics be included in the training programmes of police schools. Secondments and training of officers of prosecutor’s offices and police with the use of PHARE funding would be expedient. It would help the Republic of Lithuania to adopt good international experience.
  58. Efforts must be made to raise the interests of customs officers in the protection of copyright and related rights, expand their knowledge in the field and ensure that more officers receive the required information. Persons responsible for customs supervision relating to intellectual property must be provided with the conditions for in-service training and improvement of qualifications at all territorial customs and the biggest customs posts. Compulsory training in the subject of the protection of intellectual property rights has to be introduced in the Customs Training School.
  59. So far, the public awareness of the importance of the protection of copyright and related rights has been poor. This is partly determined by the historical heritage, and time is needed to change the prevailing public opinion. The huge difference between the prices of legal and illegal production mostly influences such a negligent public posture. Information campaigns and anti-piracy actions, which emphasise the importance of the protection of intellectual property rights, are an essential element of influencing the public. Such measures are organised by the associations of holders of copyright and related rights operating in the Republic of Lithuania (the Lithuanian Association of Music Industry, Association of Producers and Distributors of Phonograms, INFOBALT Copyright Agency, etc.). Government institutions have to render organisational and technical assistance to the associations organising such public events.
  60. The organisation of surveys of the presence of the objects of intellectual property rights (audio-visual works and phonograms incorporated in various audio or visual media, computer programmes) on the Lithuanian market and the publication of the results thereof constitute one of the most important problems related to public education to be tackled by the State. The accumulated and generalised information would be of great importance not only to government institutions and law enforcement institutions, which perform the functions of the protection of intellectual property rights; it would also enable the public to perceive the damage done by the illegal production to the Lithuanian national economy and to the solution of social problems, and would help to mould a negative public opinion about the producers and distributors of the illegal production. X. FINAL PROVISIONS
  61. With the aim of ensuring successful implementation of the Strategy, it is extremely important to solve the questions of financing the measures provided for therein. Long-term and permanent measures of the Strategy are to be funded from the State Budget, and the required conditions have to be created for the implementation of the relevant PHARE project in 2000-
  63. The Ministry of Culture has to co-ordinate the implementation of the measures set out in the Strategy and to submit to the Governmental Commission the information related thereto. It would be reasonable to organise on a regular basis forum-type events to private and public organisations, during which the progress of the implementation of the measures of the Strategy would be discussed, acute problems would be addressed and the efficacy of the specific measures of the Strategy would be evaluated. _________________ APPROVED by Resolution No. 1176 of 29 September 2000 of the Government of the Republic of Lithuania Measures for the Years 2000-03 for the Implementation of the Strategy for the Protection of Copyright and Related Rights Objective Measure Results Inplementing bodies Required funds (in thousand litas) ans sources of finance Period of implementation
  64. the upgrading of the legislative framework relating to copyright and related rights, and the harmonisation thereof with the European Union law and the provisions of the TRIPS Agreement of the World Trade Organisation 1.
  65. to make an analysis of the implementation of the existing laws governing intellectual property rights-related issues practical problems and gaps in the legal regulation of the implementation of the relevant articles of the Republic of Lithuania Law on Copyright and Related Rights, the Criminal Code of the Republic of Lithuania and the Code of Administrative Law Infringement of the Republic of Lithuania, which establish liability for infringements of intellectual property rights, will be identified, and guidelines for the improvement of the said legal acts will be prepared Ministry of Culture, Lithuanian Board of Copyright and Related Rights PHARE funds 4th quarter of 2000 1.
  66. to draft the Republic of Lithuania Law on Amending and Supplementing the Law on Copyright and Related Rights, the provisions of which would be in line with the EU legislation governing the protection of copyright and related rights in the information society the protection of copyright and related rights according to the principles of modern technologies (digital reproduction of works, Internet and other means of communication) will be regulated by law Ministry of Culture, Ministry of Public Administration Reforms and Local Authorities, Lithuanian Board of Copyright and Related Rights funds from the State Budget –10, PHARE funds 2nd quarter of 2001 1.
  67. to prepare and put forward to the Government of the Republic of Lithuania proposals concerning the harmonisation of the provisions relating to the protection of copyright and related rights, which are set out in the draft Code of Administrative Law Infringement of the Republic of Lithuania, with the protection of intellectual property in the field of import and export of goods administrative liability for the illegal carriage of objects of intellectual property rights through the border of the Republic of Lithuania will be established Ministry of Culture, Customs Department under the Ministry of Finance 4th quarter of 2000
  68. the ensuring of the implementation of the Republic of Lithuania Law on Copyright and Related Rights 2.
  69. to draft and approve regulations for the protection of the moral rights of authors and performers the procedure for protecting the rights of authors and performers after their death (the right to claim authorship, right to the author’s or performer’s name, right to inviolability of a work), conservatory measures and the fundamentals of the application thereof will be regulated by law Ministry of Culture, Lithuanian Board of Copyright and Related Rights PHARE funds 4th quarter of 2000 2.
  70. to draft the procedure concerning the distribution (selling, rental and lending) of audio-visual works and phonograms having regard to the EU Member States practice the requirements for economic –commercial activities in this field, which ensure the safety of the activities of economic entities, will be established The conditions for the valuation of the legality of the said activities by government institutions and law enforcement institutions will be created Ministry of Culture, Ministry of Economy, Ministry of Finance, Lithuanian Board of Copyright and Related Rights Funds from the State Budget-10; PHARE funds 2nd quarter of 2001 2.
  71. to draft and approve regulations for the supervision of collective administration associations of copyright and related rights the procedure for the supervision of collective administration associations will be established Ministry of Culture, Lithuanian Board of Copyright and Related Rights PHARE funds 4th quarter of 2000 2.
  72. to analyse the labelling practice with regard to goods relating to intellectual property rights and marketed in the Republic of Lithuania, and put forward proposals to amend the procedure for the labelling of goods the rules for the labelling of goods relating to intellectual property rights (computer programmes, audio-visual works and phonograms fixed in various media) will be established Ministry of Culture, Ministry of Economy Funds from the State Budget-5; PHARE funds 1st quarter of 2001 2.
  73. to prepare rules for the mediation in the negotiations between collective administration associations of copyright and related rights and users of rights concerning the conclusion of contracts; the regulated mediation in the negotiations for the conclusion of copyright licensing agreements will ensure the harmonisation of interests of holders and users of rights Ministry of Culture PHARE funds 4th quarter of 2000 2.
  74. to draft the procedure for the registration of copyright licensing agreements concerning the distribution of audio-visual works and phonograms the registration of licensing agreements will be regulated by law, the register of licensing agreements will be established. This will create the conditions for the distribution of audio-visual works and phonograms by legal means and will help the law enforcement institutions to combat piracy Ministry of Culture Funds from the State Budget-20; PHARE funds 2nd quarter 2001 2.
  75. to draft the procedure for the payment of remuneration for the transferred exclusive right of authors to give books and other publications to lending, when it is made through libraries, and to submit the draft procedure to the Government of the Republic of Lithuania the exclusive right of authors to give works to lending, as provided for in the law, will be implemented. The conditions for obtaining adequate remuneration by authors for the lending of their works, when it is done through libraries, will be created Ministry of Culture, Lithuanian Librarians’ Society, Agency of Lithuanian Copyright Protection Association Funds from the State Budget-10; PHARE funds 4th quarter of 2001 2.
  76. to draft the procedure for the payment of authors’ remuneration for the reprographic reproduction of their works (photocopying or by any other means on paper) and to submit the draft procedure to the Government of the Republic of Lithuania an exclusive right of authors to reproduce a work, which is provided for by law, will be implemented. The conditions for obtaining adequate remuneration by authors, journalists and publishers for the reprographic remuneration of published works will be created. Ministry of Culture, Lithuanian Publishers’ Association, Lithuanian Association of Publishers of Periodicals, Agency of Lithuanian Copyright Protection Association Funds from the State Budget-10; PHARE funds 4th quarter of 2001 2.
  77. to make recommendations for the amount of remuneration to be paid for the use of phonograms published for commercial advantage and distributed over a trade network for the purpose of broadcasting, re-broadcasting or public performance, and the procedure for the payment thereof the conditions for implementing Article 12 of the Rome Convention, which provides for the right of performers and producers of phonograms to obtain adequate remuneration for the use of phonograms published for commercial advantage, will be created Ministry of Culture, Lithuanian Board of Copyright and Related Rights PHARE funds 4th quarter of 2000 2.
  78. to analyse the existing legal and practical possibilities of determining authors’ remuneration for the reproduction for personal use of audio-visual works and works fixed in a phonogram (a blank tape levy) the required legislative amendments and supplements will be identified. The procedure for determining the amount of remuneration to be paid to authors and the payment thereof will be drafted Ministry of Culture, Lithuanian Board of Copyright and Related Rights PHARE funds 2nd quarter of 2001
  79. the observance of the international obligations undertaken by the Republic of Lithuania in the area of intellectual property 3.
  80. to ensure the participation of Lithuanian representatives in the WIPO diplomatic conferences on the Berne and Rome Conventions the implementation of the Conventions ratified by the Seimas of the Republic of Lithuania will be ensured. A more efficient and uniform protection of intellectual property on the international level will be co-ordinated Ministry of Culture, Ministry of Foreign Affairs, Lithuanian Board of Copyright and Related Rights Funds from the State Budget: in 2001 – 35, in 2002 – 30, in 2003 –
  81. 2001-2003 3.
  82. to analyse the treaties drafted by the World Intellectual Property Organisation with regard to the protection of the rights of performers in audio-visual fixations, rights of broadcasting organisations and the legal protection of databases; to prepare and present proposals of the Republic of Lithuania concerning these draft treaties upon the evaluation of the progress made by the Republic of Lithuania in the economic, social, cultural and technical fields, specific proposals will be submitted concerning the drafts of the relevant WIPO treaties Ministry of Culture, Ministry of Foreign Affairs, Lithuanian Board of Copyright and Related Rights Funds from the State Budget - in 2001 - 35 2000-2001 3.
  83. to prepare and implement a plan of measures for accession to the WIPO informational network the conditions for obtaining information from the World Intellectual Property Organisation (copies of documents, draft documents, publications, etc.) in electronic form and making such information accessible to the public in the Republic of Lithuania will be created Ministry of Culture, Ministry of Public Administration Reforms and Local Authorities Funds from the State Budget: in 2001 – 25, in 2002 – 20, WIPO funds 2001-2002 3.
  84. to participate in the consultations of the WIPO regional group of the Central, Eastern Europe and the Baltic States concerning the implementation of the agreements on copyright and related rights the conditions for the harmonisation and co-ordination of interests of the Republic of Lithuania with other EU associated countries in the area of the protection of intellectual property will be created Ministry of Culture, Ministry of Foreign Affairs Funds from the State Budget: in 2001 -10, in 2002 -10, in 2003 -
  85. 2000-2003 . 3.
  86. to participate in the sittings of the intergovernmental committee of the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations; to draft Lithuanian proposals in relation thereto the conditions for implementing the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, ratified by the Seimas of the Republic of Lithuania, harmonising the protection of the rights thereof on the international level and submitting Lithuanian proposals will be created Ministry of Culture, Ministry of Foreign Affairs Funds from the State Budget - 10 2nd quarter of 2001
  87. the building up of administrative capacity of government institutions and law enforcement institutions in the area of the protection of copyright and related rights 4.
  88. with regard to the provisions of the TRIPS Agreement, to set up the Governmental Commission for the Protection of Intellectual Property Rights (for fight against piracy and counterfeiting of goods) (hereinafter referred to as the Governmental Commission) the co-ordination of the protection of copyright and related rights will be improved, observance of the international obligations undertaken by the Republic of Lithuania and co-operation of government institutions and law enforcement institutions in the fight against piracy and counterfeiting of goods will be ensured Government of the Republic of Lithuania 1st quarter of 2001 4.
  89. to create organisational and technical conditions for the implementation of the PHARE project aimed at building up administrative capacity of the Copyright Division of the Ministry of Culture the Ministry of Culture, which is the institution authorised by the Government of the Republic of Lithuania to act in the area of copyright and related rights, will be provided with the conditions for the implementation of national policy in this area Ministry of Culture PHARE funds 2000-2001 4.
  90. to ensure the organisational and technical maintenance of the Lithuanian Board of Copyright and Related Rights the conditions will be created for the Lithuanian Board of Copyright and Related Rights to act in the capacity as expert and consultant. The mechanism for mediating in the negotiations and disputes between collective administration association of copyright and related rights and users of rights will be established Ministry of Culture Funds from the State Budget: in 2001 – 10, in 2002 – 10, in 2003 – 10, PHARE funds in 2000-2001 2000-2003 4.
  91. to appoint officers responsible for the protection of intellectual property rights in the field of import and export of goods at all territorial customs and the biggest customs posts; to organise their training and improvement of qualifications efficient protection of intellectual property rights in the field of import and export of goods will be ensured; conditions enabling customs employees to specialise in the area and to improve their qualifications will be created Ministry of Finance, Ministry of Culture, Customs Department under the Ministry of Finance PHARE funds 1st quarter of 2001 4.
  92. to render organisational and technical assistance to the Unit for the Protection of Intellectual Property Rights of the Tax Police Department under the Ministry of the Interior the conditions enabling the special police division to fulfil its functions in the area of the protection of intellectual property rights and enabling police officers to learn and raise their qualifications will be created Ministry of the Interior, Ministry of Culture, Tax Police Department under the Ministry of the Interior PHARE funds 2000-2001 4.
  93. to analyse the existing legal, organisational and technical possibilities for performing forensic science examinations in the investigation of cases relating to the infringements of intellectual property rights and to put forward proposals to the Government of the Republic of Lithuania the conclusions of the organisational and technical needs and charges involved in the performance of forensic science examinations (document, handwriting, phonoscopic examinations, computer studies, etc.) in the investigation of cases relating to the infringements of intellectual property rights will be drawn up Ministry of Culture PHARE funds 2nd quarter of 2001 4.
  94. to appoint prosecutors at the Prosecutor’s General Office, county and district prosecutor’s offices, who would specialise in the area of the protection of copyright and related rights, and to organise their training and improvement of qualifications the employees of prosecutor’s offices will be provided with the conditions for specialising in the area and improving their qualifications. Efficient control of preliminary investigation of cases relating to the infringements of intellectual property rights will be ensured Ministry of Culture with the participation of the Prosecutor’s General Office of the Republic of Lithuania PHARE funds 1st quarter of 2001 4.
  95. to analyse the capacities of the Organised Crime Investigation Service to prevent the infringements of intellectual property rights and put forward proposals to the Government of the Republic of Lithuania the Geneva Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms will be implemented. The functions of the Organised Crime Investigation Service whose activities relate to the fight against organised criminal gangs operating in the area of the counterfeiting of goods and manufacture of infringing (pirated) copies of works will be defined Ministry of the Interior 1st quarter of 2001 4.
  96. to prepare a methodology for investigating administrative infringements in the field of copyright and related rights a methodology for evaluating by police officers the specifics of implementing and protecting intellectual property rights will be prepared Ministry of the Interior, Ministry of Culture Funds from the State Budget-10; PHARE funds 2nd quarter of 2001
  97. the reinforcement of a collective administration system of copyright and related rights 5.
  98. to provide methodological assistance to the Agency of Lithuanian Copyright Protection Association in implementing the protection of copyright and related rights in the information society the conditions for implementing copyright with regard to digital technologies and the latest methods of the exploitation of works in the information society will be created Ministry of Culture PHARE funds 2000-2001 5.
  99. to provide methodological assistance to the Agency of Related Rights Association in implementing the collective administration of related rights the conditions for implementing the rights of the Lithuanian and foreign performers and producers of phonograms in the Republic of Lithuania will be created Ministry of Culture PHARE funds 2000-2001 5.
  100. to provide methodological assistance to the INFOBALT Copyright Agency in strengthening the protection of copyright in the information society the conditions ensuring the protection of the rights of authors of databases as well as education and training in the information society will be created Ministry of Culture, Ministry of Public Administration Reforms and Local Authorities PHARE funds 2000-2001 5.
  101. to exercise supervision over collective administration organisations of copyright and related rights; to prepare and submit to the Government of the Republic of Lithuania annual reports on the activities of those organisations the results and transparency of the activities pursued by collective administration organisations will be evaluated, the possibilities of these organisations of abusing their status as monopolies will be diminished Ministry of Culture Funds from the State Budget: in 2001 – 10, in 2002 – 10, in 2003 – 10, PHARE funds 2001-2003
  102. Education and training in intellectual property rights-related issues 6.
  103. to prepare and publish commentaries on the Berne and Rome Conventions, collections of legal acts and law commentaries, textbooks and other publications relating to the protection of intellectual property rights the legal literature in the field will be sufficient. The conditions for training government and law enforcement officials and raising public awareness in intellectual property-related issues will be created Ministry of Culture, Ministry of Education and Science Funds from the State Budget: in 2001 -30, in 2002 -20, in 2003 -20, PHARE funds 2001-2003 6.
  104. to organise seminars and in-service courses in the subjects of copyright and related rights for the officials of public administration institutions and law enforcement institutions the conditions for continuous training will be created, the prestige of law enforcement officers will build up and the qualifications thereof in the field of protection of intellectual property rights will be improved Ministry of the Interior, Ministry of Culture, Department of Courts under the Ministry of Justice, Training Centre for Judges, In-Service Training Centre for Customs Officers, Customs Training School Funds from the State Budget: in 2001 -25, in 2002 -25, in 2003 – 10, PHARE funds in 2000-2001 2000-2001 6.
  105. to provide for the disciplines of intellectual property law in the programmes of educational establishments for law enforcement and customs officers the conditions for training qualified specialists in intellectual property law will be created Ministry of the Interior, Ministry of Finance, Ministry of Education and Science, Ministry of Culture, Customs Training School Funds from the State Budget: in 2002 – 30, in 2003 – 30, PHARE funds in 2000 – 2001 2001-2003
  106. the collection and dissemination of information on the protection of intellectual property rights and the implementation of the Strategy; the monitoring and valuation of the implementation of the Strategy 7.
  107. to analyse on a permanent basis the needs for financing the implementation the Strategy, to search for sources of organisational and technical assistance additional sources of financing the Strategy, the required organisational and technical assistance will be ensured; the Government of the Republic of Lithuania will be presented with the relevant results Ministry of Culture, Lithuanian Board of Copyright and Related Rights 2000-2003 7.
  108. to organise surveys of the presence of the objects of intellectual property rights on the Lithuanian market and to publish the results thereof statistical data on the ratio of the legal production to pirated production on the Lithuanian market will be collected and generalised, gaps in legal regulation will be defined, and the comparison of the situation existing in the Republic of Lithuania and other European countries will be made Ministry of Culture Funds from the State Budget-30; PHARE funds 3rd quarter of 2001 7.
  109. to prepare information on the protection of intellectual property rights in the field of import and export of goods the results of the analysis of the level of infringements of intellectual property rights in carrying goods through the border of the Republic of Lithuania will be prepared, and gaps in legal regulation of intellectual property in the import and export of goods will be defined Ministry of Culture, Customs Department under the Ministry of Finance PHARE funds 4th quarter of 2001 7.
  110. to render organisational and technical assistance to anti-piracy actions organised by the associations of copyright and related rights efforts are being made to shape a negative public opinion of the unauthorised (pirated) exploitation of works, and anti-piracy activities of the holders of rights are being promoted Ministry of Culture PHARE funds 2000-2001 7.
  111. to organise the supervision and evaluation of the implementation of the measures set out in the Strategy, to prepare and submit to the Government of the Republic of Lithuania reports on the implementation of the measures of the Strategy the conditions ensuring the transparency and efficacy of the process relating to the implementation of the Strategy will be created Ministry of Culture, Lithuanian Board of Copyright and Related Rights Funds from the State Budget: in 2001 -10, in 2002 10, in 2003 – 10, PHARE funds in 2001 2000-2003 –––––––––––––––––––––

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