Copyright right

Copyright right

Law Of Mongolia On Copyright

Article 7. Rights of authors

An author shall enjoy non-property personal rights and exclusive (property) rights in respect of his or her work.

Article 8. Non-property personal rights

An author shall enjoy the following non-------property personal rights in respect of his or her work:

    1. the right to use of a name. An author shall have the right to make his or her work available to the public under his or her own names or under a fictitious ( pseudonymous) name or as an anonymous work. It shall be prohibited to alter or disclose an author's name without his or her consent;
    2. the right of attribution. An author has the right to require his or her name to be mentioned whenever his or her work is made available to the public;
    3. inviolability of work. It shall be prohibited to modify a work or its name in any manner or form without the author's consent.

Article 9. Exclusive ( property) rights in copyrighted works

  1. An author shall enjoy the following exclusive (property) rights in respect of his or her copyrighted works:
  1. the right to reproduce. An author has the exclusive right to publish, draw, engrave, mould, photograph, make sound and visual recordings of, or reproduce his or her original work in any other manner or form;
  2. the right to alter, correct and translate. An author has the exclusive right to alter, correct, translate or change the name of his or her work;
  3. the right to make a work available to the public. An author has the exclusive right to make his or her original work or a reproduction of it available to the public by way of sale or transfer/ licence;
  4. the right to make a public communication of a work. An author has the exclusive right to make a public communication of his or her work by any means other than the transfer of copyright.
  1. The exclusive rights referred to in paragraph 1 of this article may be transferred but only with the author's consent.
  2. An author has the right to value his or her work and is entitled to remuneration for the use of his or her work.

Article 10. Notice of copyright

The owner of the exclusive rights in copyrighted works may use the symbol © , being the Latin letter C in a circle, in order to give notice of the existence of copyright in a work which has been made available to the public. The symbol shall be accompanied by the year the work was first made available to the public and by the name of the owner of the exclusive rights in the copyrighted work.

Article 11. Transfer of ownership of exclusive rights in copyrighted works

Ownership of the exclusive rights in copyrighted works may be transferred/ licensed in whole or in part by way of written agreement.
  • The agreement referred to in paragraph 1 of this article shall contain the:
    1. manner , form and term of use of the work;
    2. rights and obligations of the author;
    3. rights and obligations of the transferee;
    4. amount of royalties due for the use of the work and terms of their payment

    Article 12. Owners of material objects

    1. A tangible form in which a work is embodied shall be considered shall be a material object. Exercise of the rights of the owner of the material object shall not affect copyright in the work.

    2. If a graphic work or work of applied art which has already been sold by the author is auctioned or resold through an agent, then the author shall be entitled to receive a 5 percent royalty from the resale price.

    Chapter Three Requisition and Unauthorised Use of Work Article 13. Requisition of work

    The State or its competent organisations may, by way of agreement to be concluded with the author, purchase his or her work for immediate public interest. If agreement is not reached, then the State or its competent organisations may requisition the work in quistion.
  • In the case of a requisition referred to in paragraph 1 of this article, the State or its competent organisations shall pay the cost , compensation and remuneration for the use of the work. Disputes arising in this regard shall be resolved in Courts.
  • The Government shall establish rules on the use of requisitioned works.

    Article 14. Public communication of works for public benefit

    1. In the following cases it shall be permissible to make for the public benefit, without the author's consent and without payment of any remuneration, a public communication of part of a work which has already been made available to the public, provided that mention shall be made of the source and of the name of the author:
    1. use for teaching;
    2. use in public arrangements for a non-profit purpose
    3. the public communication by the regular press and broadcasters of speeches delivered at official or public meetings.
    1. In the cases referred to in sub-paragraphs 5 and 7 of article 16 of this law, it shall be permissible to make, without the author's consents and without payment of any remuneration of a work by a person who has reproduced the work.

    Article 15. Reproduction of works for private use

    1. It shall be permissible to reproduce a work exclusively for private use without the author's consent and without payment of any remuneration if that work has already been made available to the public.
    2. It shall be prohibited to reproduce for private use designs or plans of works of architecture and buildings without the author's consent or to erect structures making use of such reproductions.

    Article 16. Reproduction of works for public benefit

    1. use of works as part of collections of archives, museums, or libraries for a non-profit purpose;
    2. use for teaching;
    3. use of works by radio and television in their broadcasts;

    5) reproduction for use in research and for literary criticism;

    7) reproduction of works displayed in streets, squares and other public places. In case of such reproduction for the purpose of commercial advantage, the author's consent should be sought in advance and the amount of royalties payable to him or her should be agreed upon;

    Chapter Four Term of Copyright and Succession Article 17. Term of copyright

    1. The term of copyright in a particular work shall be deemed to begin from the day of its making.
    2. The term of exclusive rights in copyrighted works shall be the life of the author and fifty years after his or her death. The term of exclusive rights in copyrighted works after the death of the author shall be deemed to begin on 1 January of the year following the death. In the case of joint authorship this term shall be deemed to begin on 1 January of the year following the death of the last surviving author.
    3. In the case of pseudonymous or anonymous works the term of the exclusive rights of the author in copyrighted works shall be a period of 75 years from 1 January of the year following the year he work was first made available to the public. If the identity of the author of pseudonymous or anonymous work is disclosed to the public, the applicable term for the exclusive rights of the author in copyrighted works shall be determined in accordance with paragraph 2 of this article.
    4. The term of any copyrighted work where the author is a legal person shall last for a period of 75 years from 1 January of the year following the year of the making of the work.
    5. T he term of the non-property (personal) rights of the author shall not be subject to any limitation.

    Article 18. Declaration of works as State treasures

    A work whose term of copyright has expired may, by the Government's enactment, be declared a State treasure.

    Article 19. Succession to copyright

    1. The exclusive rights of an author in a copyrighted work shall pass to his or her successors in accordance with the procedures set out in the Civil Law of Mongolia.The non-property personal rights of thee author shall not be subject to succession, although an heir or successor shall be obliged to protect those rights and the rights shall be under State protection.

    2. The exclusive rights in joint works shall pass to the respective successors of each author on the day of the death of the last surviving author. Until that time, remuneration for thee use of joint works where not all he authors have died shall be distributed between the heir(s) of the deceased author(s) and each surviving author as per the terms of any agreement between the joint authors.

    Chapter Five Rights Related to Copyright of Authors of Derivative Works , Producers of Sound and Visual Recordings and to Copyright of Broadcasting Organisations Article 20. Rights of authors of derivative works

    1. Actors, translators, compilers, producers, choreographers, conductors and other authorss of derivative works shall enjoy the following rights in respect of their works:

    1) the right to use of names and the right of attribution;

    1. inviolability of works;
    2. the right to authorise the use of works in any manner or form subject to agreement

    and remuneration;

    4) other rights transferred to them under agreement concluded with the author of the author of the original work.

    2. The term of the rights in respect of copyright belonging to the author of a dericative work shall last for a period of 25 years from 1 January of the year following the year of the making of the delivative work.

    3. The person who is in charge of financing a joint derivative work shall enjoy the rights related to copyright in respect of that joint work was created as part of the exercise of official duties or duties assumed under an agreement with that person unless the agreement stipulates otherwise.

    Article 22. Rights in respect of copyright of broadcasting organisations

    1. Broadcasting organisations shall enjoy the following rights related to copyright:
      1. the right to authorise other broadcasting organisations to make simultaneous broadcasting of their broadcasts;
      2. the right of television to broadcast by radio and the right of radio to broadcast by television.
      3. the right of reproduction of experpts of their broadcasts;
      4. other rights transferred to them under agreements concluded with the authors of original works.
    1. The term of rights in respect of copyright of radio and television broadcasting organisations shall last for a period of 25 years from 1 January of the year following the year the broadcast first took place
    2. It shall not be permissible within this period to reproduce, broadcast, make use of an excerpt in broadcasting or make a public communication of broadcasts in any other manner or form without the consent of the radio or television broadcasting organisation.

    Chapter Six Miscellaneous Article 24. Liability for breach of legislation on copyright

    1. [ If a breach of the legislation on copyright is held not to constitute a criminal offence, a judge shall impose on an offending person a fine of up to 50,000 togrogs or on an offending business entity or organisation a fine of up to 250,000 togrogs.

    2. If fraudulent use of a notice of copyright or alteration of such a notice is held not to constitute a criminal offence , a judge shall impose on an offending person a fine of up to 50,000 togrogs, or on an offending business entity or organisation a fine up to 250,000 togrogs.]

    3. Compensation for material losses suffered as a result of infringement of exclusive rights in copyrighted works shall be paid in accordance with the Civil Law of Mongolia.

    4. Use of works, which have already been made available to the public, for private purposes without the author's consent and without payment of any remuneration for such use , shall be deemed not to constitute a breach of the legislation on copyright.

    [ ] as amended on 17 April 1995

    Article 25. Protection of non-property personal rights of authors

    In the case of a breach of the inviolability of a work or of other non-property personal rights of an author, the author of a work or his or her heir or successor, or the [ Intellectual Property Office] (if there no apparent heir has waived or has been deprived of his or her right of succession) shall be entitled to demand from the infringing party the restoration of the infringed rights and to bring an action to resolve his or her claim in the Courts.

    [ ] as amended on 1 February 1997

    Article 26. Coming into force of the law

    1. This law shall come into force on 1 September 1993
    2. This law shall not apply retrospectively.

    Chairman of the State Ih Hural of Mongolia

    N.Bagabandi

    General Secretary of the Secretariat of the State Ih Hural of Mongolia

    N.Rinchindorj

    Ulaanbaatar

    22 June 1993

    Patent Law Of Mongolia

    Chapter One

    General Provisions

    Article 1 Purpose of the law

    The purpose of this Law shall be to regulate matters relating to the protection of the rights of creators of inventions , industrial designs and innovations, industrial designs and innovations.

    Article 3 Definitions in this law

    4/ ”Patent” means the document issued by the competent State authority which certifies the recognition of the given solution as an invention or industrial design, and grants the owner of the certificate the exclusive right to exploit the invention or industrial deign for a fixed period of time.

    6/ “License” means permission given to another person to exploit a patented invention or industrial design.

    Article 5 Intellectual Property office

    { Intellectual Property office shall, in accordance with the framework of functions of the Minister of Justice, be the Government execute agency responsible for sealing with matters concerning inventions, industrial design and innovations and will carry our the following functions:}

    1. receiving applications for inventions and industrial designs and making determination on them;
    2. granting patents and innovation certificates;

    5) publishing information on inventions, industrial designs, innovations and trademarks;

    6) providing references for the purpose of settling disputes on patents;

    8) in the cases involving an infringement of the Patent law by a legal entity or individual the Intellectual Property Office shall inform the relevant organization;

    9) withdrawing a patent in accordance with this law;

    11) initiating measures for the enforcement of the Patent Law within the authority conferred upon it;

    12) receiving claims and appeals concerning patents and making determination on them;

    14) on request by author, establishing a value for an invention, industrial design or innovation;

    15) making requirements to an organization or official to provide documents which are relevant to a matter.

    Article 6 Filling of patent applications for inventions and industrial designs
    1. A patent application for an invention or industrial design shall be filed with the

      {Intellectual Property Office} by the author of the invention or industrial design or by the natural or legal entity to whom the author has assigned the right to patent

      Article 12 Grants of patents for inventions and industrial designs

      1. If, after the expiry of three months from the date of the publication in the Patent Gazette of the formulation of an invention or the drawing of an industrial design together with the particulars concerned, the {Intellectual Property Office} has received no notice of opposition and no dispute has arisen, it shall grant the patent .

      {The request for patent should be submitted within 10 years of the filing date. On request by the owner of a patent the rights in it shall be extended for a further period of 20 years provided that in that case the potentability of the invention satisfies the requirements for potentability at the time such request is made.

    1. If a notice of opposition is received or dispute arises, the grant of the patent shall be deferred until the opposition or dispute has been settled in accordance with established procedure.

    Article 14 Term of Patents and innovation of certificates

    Patents of inventions and industrial deigns shall be valid for terms of 20 and 10 years respectively; innovation certificates shall be valid for a term of 5 years; each such term shall be run { from the date on which the patent or certificate is granted}

    As amended on 1 February 1997

    Chapter Four

    Rights of Greaters OF Inventions , Industrial Designs, Innovations and Patent Owners

    Article 15 Rights of creators of inventions or industrial designs

    1, The creator of an invention and industrial design shall be entitled to ;
    1. ownership of his or her invention or industrial design;
    2. assign his or her right in patent to another person;
    3. name his or her invention or industrial design;

    5)receive an appropriate sum from profits which arise from the user of his or her invention or industrial design.

    Article 19 License contracts

    1. Any interested person may exploit a patented invention or industrial design concluding a license contract with the patent owner.
    2. A license contract shall be registered with the {Intellectual Property Office}

    Article 23 Invention and industrial designs related to state secrecy

    Relations arising in connection with inventions and designs which are related to State secrecy shall be regulated by the relevant law

    Article 24

    Patent and License fees

    1. 1.Fees shall be paid in order to maintain patents and for the registration of license contracts . The fees shall be payable to the {Intellectual Property Office}

    2. Fees shall be regulated by Law

    The Civil Law Of Mongolia

    Article 86 Intellectual property

    1. Intellectual property shall consist of the discovery or invention to rational proposal or the works relating to copyright or sample of product and trademark.

      5. Works relating to copyright shall include:

      1. all kinds of oral or written literary works such as scientific and literary works;

    11) sound and visual recording;

    13) other works which are capable of expressing the intellectual and creative activities of author

    Article 88 Rights of Non- owner

    1. A non-owner is entitled to possess, use , and dispose property within the definite authority issued by the owner under the Law and contract in conformity with the directions of its activities.
    2. Unless otherwise stipulated by the Law, the other persons shall use intellectual property only with the consent of the owner and holder of those rights

    Article 136 Arising of right of ownership of intellectual values

    1. Unless otherwise stipulated by the law, the right of ownership of person who has created intellectual values shall arise at the moment of the creation of such values.
    2. An owner is obliged to have the creation of intellectual values certified in due time. Such certification shall not excuse an owner from his/her liability for proof of the creation thereby of such values if necessary.

    The Criminal Law of Mongolia

    Approved on December 5, 1986

    Article 150. Violation of copyrights, new creatures or discoveries

    1. A charge shall be imposed for issuing works of science, literature and art created by others under his own name, violating copyrights of these works in any other form, unlawful copying and publishing, distributing, selling, or forcing co-authorship of these works, with up to 1 and a half years compulsory works or a fine of togrog 50000 to 100000.
    2. Premature distribution of new works and discoveries without authorisation of their authors, for unlawful seizure of one’s rights of authors of new works and discoveries, or forcing them to recognise co-authorship shall be charged with compulsory works for up to one and a half years or a penalty of togrog 60000 to 250000