- Subject matter Article 1
- Meaning of expressions Article 2
- Conditions for the production of optical discs and / or production parts (stamper) Article 3
- Production code Article 4
- Production license Article 5
- Conditions for issuing a license Article 6
- Contents of the request for the issuing of license Article 7
- Term for issuing a license Article 8
- Refusal to issue the license Article 9
- Content and term of validity of the license Article 10
- Prolongation of the validity of license Article 11
- Obligations of the holder of license Article 12
- Temporarily revocation of license Article 13
- Permanent revocation of license Article 14
- Cancellation of license Article 15
- Recording of optical discs Article 16
- The obligation of marking products Article 17
- Import and export of optical discs, production parts (stamper) and production equipment Article 18
- Cooperation of the competent customs body and the market inspection Article 19
- Prohibition of placing a false production code Article 20
- Prohibition of storage and use of unadjusted equipment Article 21
- Prohibition of marketing of the unmarked products Article 22
- Rights and duties of the market inspection Article 23
- Penal provisions Article 24
- Transitory and final provisions Article 25
- Entry into force Article 26
LAW ON OPTICAL DISCS
“Official Gazette RS” No 52/2011
Subject matter
Article 1
This Law regulates the conditions for the production of optical discs and production parts, import and export of production parts and equipment used for the production of optical discs, as well as commercial multiplication, import, export and marketing of optical discs.
Meaning of expressions
Article 2
Some expressions used in this Law have the following meaning:
optical disc is every media which is used for the electronic storage of data in the digital form, which can be written and read by means of the optical mechanism for scanning, using the source of light of great density, such as the laser beam, regardless the format of disc, production part (stamper) is a component of the mould containing data in the digital form, intended for the shaping of optical discs, or any device containing such data from whom the production part (stamper) can be produced by means of galvanization; glass master is a disc made of glass or polymers or some similar material containing data in the digital form, on the basis of which the production part (stamper) is being made; production equipment are machines, devices, equipment for the production of glass master, as well as any other equipment which is used or which can be used for the production of optical discs or production parts (stamper); equipment for the production of master are machines, devices or instruments consisting of the processor of signal and the device for the recording by laser beam or any other device which can be used for the recording of data to the master or directly to the production part (stamper); production is the performance of optical discs, as well as performance or processing of production parts (stamper); production code is LBR SID code identifying the laser beam recorder where the production part (stamper) and Mould SID code is made, identifying the mould where the multiplication of optical discs has been done, issued by the Intellectual Property Office (henceforward: Office) and which serves for the identification of the producers of optical discs, or production parts (stamper), which were jointly developed by IFPI- International Federation of Phonographic Industry and Philips international BV); production license is a document allowing persons with the assigned production code the production of optical discs and / or production parts (stamper); licensed premises are the objects stated in the license for the production, where the production of optical discs is performed and / or the production of production parts (stamper); holder of license is the legal person or entrepreneur to whom the license has been issued for the production of optical discs and / or production parts (stamper); person is the legal person or entrepreneur; marketing of optical discs is sales, lending, rental and exchange of optical discs; commercial multiplication of optical discs is the recording of material protected by copyright or related rights from the existing holders to the optical discs, aiming at their marketing or export.
Conditions for the production of optical discs and / or production parts (stamper)
Article 3
Production of optical discs and / or production of production parts (stamper) can be performed only by a person to whom production code has been assigned and that has production license.
Production mentioned in the paragraph 1 of this article can be performed exclusively in the licensed premises, in compliance with this Law.
Production code
Article 4
Production code is assigned by the Office and entered in the Register of assigned production codes and issued licenses.
Production code, at the written request of the applicant, is assigned in the period of 30 days from the date of filing the request.
The Register of assigned production codes and issued licenses is kept in the electronic form with the use of computer program with the unified data base.
The request from paragraph 2 of this article keeps in particularly the data on:
the applicant; the responsible persons of the applicant; premises where the production will take place.
The contents and manner of keeping the Register of assigned production codes and issued licenses is more closely prescribed by the Minister authorized for the task in the domain of science (henceforward: Minister).
Production license
Article 5
Production license (henceforward: license) is issued by the Office by passing a decision, in compliance with the Law, on the basis of the written request of the person that obtained the production code and intends to engage in the production of optical discs and / or production parts (stamper).
The decision on the issuing of license is final in the administrative procedure and against it administrative suit can be initiated.
Issued license is not transferable.
Issued licenses are entered in the Register of assigned production codes and issued licenses by the Office.
Conditions for issuing a license
Article 6
License is issued to the person that:
is registered for the performance of activities requesting a license; possesses an appropriate production code; possesses premises where to perform the production of optical discs and / or production parts (stamper); in the period of five years before filing the request has not been validly sentenced for the economic transgression, or his director or other responsible person, in the period of five years before filing the request for the issuing of license has not been validly sentenced for the criminal act infringing intellectual property right, which makes him unworthy of performing the activities of the production of optical discs and production parts (stamper), against the mentioned persons, no legal procedure is initiated for any of these acts and no legal measure is enforced prohibiting them the performance of activities requesting a license.
Contents of the request for the issuing of license
Article 7
Request for the issuing of license contains data on the person submitting the claim.
Along with the claim from paragraph 1 of this article, evidence is submitted confirming the compliance with the conditions from article 6 of this Law.
Minister prescribes more closely the contents of the claims from paragraph 1 of this article as well as evidence from paragraph 2 of this article.
Term for issuing a license
Article 8
License is issued in the period of 15 days since the date of filing the proper request.
Proper request for the issuing of the license, in the meaning of paragraph 1 of this article, is the request containing data and evidence from paragraph 7 of this Law.
If the request is not proper, the Office sends an invitation in writing, in the term of 15 days, with the statement of reasons, to the person filing the request inviting him to make additions to the request in the time limit determined by the Office which can not be shorter than 15 days or longer than 30 days from the date of reception of the invitation.
If in the provided time limit the person filing the request does not make additions to the claim, the Office rejects the request by conclusion.
Refusal to issue the license
Article 9
The request to issue a license is refused if:
the applicant is not registered for performing the activity for which the license is requested; the applicant has no appropriate production code; the applicant does not possess the suitable premises where the production of optical discs and / or production parts takes place; the applicant was validly convicted for the economic transgression, or the director or other responsible person of the applicant was validly convicted for the criminal act of the infringement of intellectual property rights which makes him unworthy of performing the activity of production of optical discs and production parts (stamper) in the period of five years before filing the request; a procedure is being conducted for the act from item 4 of this paragraph at the moment of passing the decision on the request for the issue of the license against the applicant, the director or other responsible person of the applicant, until the valid reaching of the final decision in the procedure; at the moment of passing the decision regarding the request to issue license, the measure is valid prohibiting the applicant, the director or other responsible person of the applicant to perform activities for which the license is being requested.
Decision refusing the issuing of the license from the reasons mentioned in paragraph 1 of this article is passed by the Office in the period of 15 days from the date of filing the formally correct request from article 7 of this Law.
Decision from paragraph 2 of this article is final in the administrative procedure and administrative suit can be initiated against it.
Content and term of validity of the license
Article 10
License contains in particular: data on the holder of license; data on the licensed premises; data on the activities for which the license is being issued – production of optical discs and / or production parts (stamper); production code of the holder of license; other prescribed data.
License is issued with the term of validity of two years from the date of passing the decision on the issue of license, and it can be prolonged the unlimited number of times in a manner and under conditions prescribed by this Law.
The Minister closely prescribes the appearance and content of the license from the paragraph 1 of this article.
Prolongation of the validity of license
Article 11
Prolongation of the validity of license is performed on the basis of the written request filed to the Office by the holder of license, at the earliest 60 days, and at the latest 20 days before the expiry of the term of validity of the license.
Formally correct request for the prolongation of the validity of license is the request filed in the time limit from paragraph 1 of this article which contains data from article 6 of this Law, as well as data on the number of license for which the prolongation of validity is requested.
With regard to the content of the claim, the term for passing the decision on the prolongation or the decision on the refusal of prolongation of validity of the license is duly subjected to the implementation of provisions of articles 7, 8 and 9 of this Law.
The decision from paragraph 3 of this article is final in the administrative procedure and administrative suit can be initiated against it.
Obligations of the holder of license
Article 12
The holder of license has an obligation to:
display the copy of the license on a visible spot in all licensed premises, and the original of the license should be displayed in the office of the responsible person; apply the assigned production codes on all optical discs and / or production parts (stamper); inform the Office in writing about every change of data from the article 6 of this Law, 15 days at the latest from the day the change occurred; bearing in mind the circumstances of the case, undertake reasonable measures in order to establish that the orderer of optical discs and / or production parts (stamper) is authorized to reproduce material on the ordered optical discs or production parts (stamper), which has been protected by copyright and related rights, in particular to demand from the orderer to: furnish data on the holder of right for the material which is the subject matter of reproduction on the ordered optical discs and / or production parts (stamper) or on their packaging, furnish evidence that he is authorized to reproduce such material on optical discs and / or production parts (stamper), with regard to the amount and kind, time and territorial validity of the authorization issued by the initial holder of right, secure data on the contents of material which is the subject matter of reproduction and check those data by comparing them with the enclosed material; keep evidence on the amount, content and serial of production of optical discs, keep evidence and data from the paragraph 1, item 4 of this article and keep copies of optical discs and / or production parts (stamper) in compliance with this Law.
If the circumstances of the case provoke doubt in the existence and scope of authority for the reproduction of material on optical discs and / or production parts (stamper), the holder of license must additionally check the data obtained from the orderer.
Provisions of paragraph 1, item 4 and paragraph 2 of this article are not applied for the production of empty optical discs.
Temporarily revocation of license
Article 13
Office, ex officio, passes a decision for the temporary revocation of license at the latest until the passing of the final decision in a legal suit if: