The Team for Counteracting Infringements of Copyright and Related Rights acting by Ministry Of...

The Team for Counteracting Infringements

of Copyright and Related Rights acting by

Ministry Of Culture And National Heritage

WARSAW, AUGUST 24 - 25, 2009OUT – OF – CYCLE REVIEW / EXPERT MEETING

Establishment of the Team Establishment of the intergovernmental Team

for Counteracting Infringements of Copyright and Related Rights

Establishment of the Team The team was established on the basis of the

article 1271 of Act of 4th February 1994 on copyright and related rights

(consolidated text Journal of Laws 2006, no. 90, item 631, as amended)

and of Decree no. 83 of the President of the Council of Ministers of 9th November 2000

(Monitor Polski – Polish Official Gazette - no, 36, item 727).

Participants (1): The Chairman – Minister of Culture and

National Heritage.

The Deputy Chairman – the Secretary of State or Undersecretary of State nominated by the Ministry of Interior and Administration.

Participants (2): Members in the rank of Secretary or

Undersecretary of State nominated by: Minister of Finance (The Chief of Customs Service), Minister of Justice (currently the Deputy Prosecutor

General – in National Prosecution Service), The Head of the Chancellery of the President of the

Council of Ministers, The Chairman of the Committee for European Integration, Minister of National Education, Minister of Science and Higher Education.

Participants (3):

Members nominated by: Commander-in-Chief of the Border Guard, Commander-in-Chief of the Police.

Secretary – appointed by the Chairman of the Committee from among employees of the Ministry of Culture and National Heritage.

Chairman of the Committee may invite other entities to participate in the work of the Committee including representatives of the Polish Patent Office, the National Broadcasting Council and representatives of collective rights management organisations.

General Objective Coordination of activities conducted by the

state administration and law enforcement agencies (such as the Police, prosecutors’ office, the Customs Service and the Border Guard) and organisations representing the right holders.

The tasks of the Team (1) Preparation of applications and proposals

concerning the improvement of coordination of actions taken by the governmental administration bodies within the scope of an effective combating of the infringements of copyright and related rights in particular:

the presentation of the current analysis of the situation within the scope of observance of the copyright and related rights law to the President of the Council of Ministers,

The tasks of the Team (2) the presentation of proposals of actions aimed at

the prevention of infringements of copyright and related rights and the combating of infringements,

the development of the proposals of legislative amendments leading to a more effective enforcement of copyright and related right law,

periodic evaluation of the progress of actions within the scope of combating the infringements of copyright and related rights.

Work of the Team - Measurable Effects Establishing convergence of objectives - Anti-piracy

activities.

Preparing a national strategy called „Programme „Programme for the Protection of Copyright and for the Protection of Copyright and Related Rights 2008 - 2010 Related Rights 2008 - 2010 ”” (every document is prepared in a three year cycle) of action for all participants with individually determined targets and deadlines.

Work of the Team - Measurable Effects

Assessment of the level of protection and the level of execution of approved activities prepared in the annual as well as semi - annual form „„Report on Observance of Report on Observance of Copyright and Related Rights in Poland forCopyright and Related Rights in Poland for...”...”

The Documents are approved by the Council Of Ministers

„Programme for the Protection of Copyright and Related Rights 2008 - 2010 ”

Strategic GoalsStrategic Goals


Strategic Goal No. 1 Increasing efficiency and continuous

coordination of activities of state services (Ministry of Interior and Administration, the Police, Border Guard of the Republic of Poland, Customs Service of the Republic of Poland, Patent Office of the Republic of Poland, Ministry of Justice, Ministry of Culture and National Heritage) in combating piracy.

Strategic Goal No. 2 Increasing efficiency of penal

proceedings conducted by justice administration in cases of offences against copyright and related rights, as well as other intellectual property rights, with particular emphasis on efficiency in prosecution of new forms of penalized actions.

Strategic Goal No. 3 Reducing piracy on bazaars and

market places.

Strategic Goal No. 4 Increasing efficiency of law

enforcement services, justice administration, and customs officers in combating crime against copyright and related rights on the Internet.

Strategic Goal No. 5 Educational activities aimed at

raising social and legal awareness about the criminal character of infringement of copyright, related rights, and other intellectual property rights, and the role of state administration in combating these infringements.

Strategic Goal No. 6 Reducing negative effects of

copyright, related rights, and other intellectual property rights infringements in science.

Strategic Goal No. 7 Monitoring public administration

activities.

„Programme for the Protection of Copyright and Related Rights 2008 - 2010 ”


Programme (1) Implementation of the Programme is based on

the public - social partnership principle, meaning that actions taken up by public authorities should, as much as possible, be consulted and agreed upon with organizations of collective intellectual property rights management and with other social bodies which protect these rights.

Programme (2) Without cooperation between public authorities and

the right holders, the fight against this type of crime is ineffective. The previous Polish experiences confirm this thesis. Organisations and other social partners share with state authorities their knowledge and experience; they participate in delivery of trainings and social/educational campaigns. Their representatives take active part in the work of the Team.

Programme (3) In a six-month cycle members as well as other

participants of the Team provide the Ministry of Culture and National Heritage with information about implementation of tasks determined in the Programme.

The Team is a forum for sharing experience and observing how does the law function in the field of intellectual property rights protection. Proposals of law amendments come as result of the Team’s work.

Cooperation with Social Partners (1)

ANTI-PIRATE ALLIANCEANTI-PIRATE ALLIANCE:: Fundacja Ochrony Twórczości Audiowizualnej – Fundacja Ochrony Twórczości Audiowizualnej –

FOTAFOTA (Foundation for the Protection of Audiovisual Works),

Związek Producentów Audio Video – ZPAVZwiązek Producentów Audio Video – ZPAV (The Polish Society of the Phonographic Industry)

Business Software Alliance – BSABusiness Software Alliance – BSA


Stowarzyszenie Autorów Stowarzyszenie Autorów –– ZAiKSZAiKS (Authors’ Society ZAiKS), Zrzeszenie Artystów Scen Polskich – ZASPZrzeszenie Artystów Scen Polskich – ZASP (Polish Federation of

Actors ZASP), Stowarzyszenie Autorów i Wydawców Stowarzyszenie Autorów i Wydawców – “Polska Książka”– “Polska Książka”

(Authors and Artists' Association – „Polish Book”), Stowarzyszenie Zbiorowego Zarządzania Prawami Autorskimi Stowarzyszenie Zbiorowego Zarządzania Prawami Autorskimi

Twórców Dzieł Naukowych i Technicznych Twórców Dzieł Naukowych i Technicznych –– KOPIPOL KOPIPOL (Association of Copyright Collective Administration for Authors of Scientific and Technical Works – KOPIPOL),

Izba Wydawców Prasy Izba Wydawców Prasy –– IWP IWP (The Chamber of Press Publishers – IWP),


Związek Stowarzyszeń Artystów Wykonawców Związek Stowarzyszeń Artystów Wykonawców –– STOART STOART (Union of Polish Performers – STOART),

Stowarzyszenie Artystów Wykonawców Utworów Muzycznych Stowarzyszenie Artystów Wykonawców Utworów Muzycznych i Słowno i Słowno –– Muzycznych Muzycznych –– SAWP SAWP (Performer’s Society {singers and musicians}) – SAWP,

Stowarzyszenie Polski Rynek Oprogramowania Stowarzyszenie Polski Rynek Oprogramowania –– PRO PRO (Association PRO – Polish Software Market),

Stowarzyszenie Dystrybutorów Filmowych Stowarzyszenie Dystrybutorów Filmowych – SDF– SDF (Association of Film Distributors – SDF),

Stowarzyszenie Filmowców Polskich Stowarzyszenie Filmowców Polskich –– SFP SFP (Polish Filmmakers Association – SFP),

Stowarzyszenie Architektów Polskich – SARP (Union of Polish Architects – SARP),


Związek Polskich Artystów Fotografików Związek Polskich Artystów Fotografików – – ZPAFZPAF

(Union of Polish Art Photographers – ZPAF),

Związek Polskich Artystów Plastyków Związek Polskich Artystów Plastyków – ZPA– ZPAPP (The Association of Polish Artists and Designers – ZPAP).

Current Legal StatusActs of the Polish Law


Acts of the Polish Law (1) The primary legal act, on which the protection of copyright and related rights is

based, is the Act of 4 February 1994 on copyright and related rights (Journal of Laws 2006, No. 90, item 631, as amended). Other provisions, auxiliary in nature, include in particular: Act of 17 November 1964 – the Code of Civil Procedure (Journal of Laws No 43, item

296, as amended);

the Broadcasting Act of 29 December 1992 (Journal of Laws 2004, No. 253, item 2531, as amended);

Act of 16 April 1993 on combating unfair competition (Journal of Laws 2003, No. 153, item 1503, as amended);

Act of 6 June 1997, Penal Code (Journal of Laws, No. 88, item 553, as amended);

Acts of the Polish Law (2) Act of 30 June 2000, Industrial Property Law (Journal of Laws 2003, No.

119, item 1117, as amended );

Act of 27 June 2001 on protection of databases (Journal of Laws, No. 128, item 1402, as amended);

Act of 5 July 2002 on protection of certain services provided by electronic means and based on or consisting in conditional access (Journal of Laws No. 126, item 1068, as amended);

Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);

Act of 19 June 2004, Customs Law (Journal of Laws, No. 68, item 622, as amended);

Regulations (1) regulation of the Minister of Justice of 16 October

2002 on designation of district courts adjudicating cases related to infringement of copyright and related rights (Journal of Laws No. 180, item 1510, as amended);

regulation of the Minister of Culture of 2 June 2003 on designation of categories of devices and media used for recording of productions and payments levied on sales of these devices and carriers carried out by producers and importers (Journal of Laws No. 105, item 991);

Regulations (2)

regulation of the Minister of Culture of 27 June 2003 on payments made by owners of reprographic equipment (Journal of Laws No. 132 , item 1232);

Regulations (3) regulation of the Minister of Culture of 30 April

2004 on the register of information on manufacturing of optical discs and types of identification codes (Journal of Laws No. 124, item 1301);

regulation No. 83 of the President of the Council of Ministers of 9 November establishing the Team For Counteracting Infringements of Copyright and Related Rights (PM No. 36, item 727).

European Union Law


European Union Law (1)

Directive of the Council of 14 May 1991 on the legal protection of computer programmes (91/250/EEC) (OJ L 122 of 17 May 1991, p. 42; Special Edition in Polish, chapter 17; vol. 1, p. 114);

Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ L 248 of 6 October 1993, p. 15, Special Edition in Polish, chapter 17, vol. 1 p. 134);


Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on legal protection of databases (OJ L 77 of 27 March1996, p. 20; OJ L Special Edition in Polish, chapter 13; vol. 15, p. 459);

Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society (OJ L 167 of 22 June 2001, p. 10; OJ L Special Edition in Polish, chapter 17; vol. 1, p. 230);


Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157 of 30 April 2004, p. 45; OJ L Special Edition in Polish, chapter 17; vol. 2, p. 32);

Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights (OJ L 328 of 30 October 2004, p. 16);

European Union Law (4) Commission Recommendation of 18 May 2005 on collective cross-

border management of copyright and related rights for legitimate online music services (2005/737/EC) (OJ L 284 of 27 October 2005, p. 10);

Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified version) (OJ L 376 of 27 December 2006, p. 28);

Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version) (OJ L 372 of 27 December 2006, p. 12).

International Agreements


International Agreements (1)

International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, signed at Rome on 26 October 1961 (Journal of Laws 1997, No. 125, item 800);

Convention establishing World Intellectual Property Organisation, signed at Stockholm on 14 July 1967 (Journal of Laws 1975, No. 9, item 49);

International Agreements (2) Paris Act of the Berne Convention for the Protection of

Literary and Artistic Works, signed at Paris on 24 July 1971 (Journal of Laws 1990, No. 82, item 474);

Universal Copyright Convention revised at Paris on 24 July 1971 (Journal of Laws 1978, No. 8, item 28);

Agreement on Trade Related Aspects of Intellectual Property Rights, annex 1 to the Agreement establishing World Trade Organization, signed at Marakesh on 15 April 1994 (Journal of Laws 1996, No. 32, item 143);

International Agreements (3)

World Intellectual Property Organisation Copyright Treaty, signed at Geneva on 20 December 1996 (Journal of Laws 2005, No. 3, item 12);

WIPO Performances and Phonograms Treaty, signed at Geneva on 20 December 1996 (Journal of Laws 2004, No. 41, item 375);

Further information available

Main Pharmaceutical InspectorateMain Pharmaceutical Inspectorate

http://www.mkidn.gov.pl/

http://www.mkidn.gov.pl/ministerstwo/963.htmlProgramme and ReportsProgramme and Reports

http://www.mswia.gov.pl/

http://www.policja.pl/

http://www.strazgraniczna.pl/wps/portal

http://www.mf.gov.pl/

http://www.ms.gov.pl/

http://www.gif.gov.pl/

Thank You For Your Attention

Main Pharmaceutical InspectorateMain Pharmaceutical Inspectorate

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