|Copyright legislation||Law of RA on Copyright and Related Rights, 2006 ("CR")|
|Patent legislation||Law of RA on Inventions, Utility Models and Industrial designs ("PL")|
|Other relevant laws||Civil Code (Section 10) ("CiC")|
|Criminal Code (extract) ("CrC")|
|Customs Code (Section 14) ("CuC")|
|Copyright treaties||Berne Convention||Rome Convention||Berne Appendix||TRIPS||WIPO Internet treaties||Paris Convention|
|Other treaties and trade agreements|
Scope and duration of copyright
|Does copyright end immediately after the minimum period mandated by the Berne Convention?||No
Economic rights of the author last 70 years after his death, for audiovisual and co-authorship works 70 years after the death of the last surviving author,anonymous or pseudonymous and collective works 70 years from the date the work is lawfully made available to the public, and works published in parts 70 years from the date the work is lawfully made available to the public and the term shall be calculated for each such item separately.
|CR, Art. 37 (1-6)|
|Has a court or tribunal ever limited the exercise of IP rights under competition law, for example by imposing compulsory licensing or regulating royalties charged by dominant rights holders?||No
We have no such a case. Compulsory licensing is not included in the scope of competition law.
|PEC. Art 1|
|Has a court or tribunal ever limited the exercise of IP rights pursuant to a bill of rights or similar human rights instrument, for example by preventing copyright from being used to stifle protected speech?||No
Constitution of RA sets that Intellectual property is protected by the law.
|Can databases of non-original material be reproduced without infringing a copyright or sui generis database right?||No
Protection extends only to the creative manner of selection and presentation of the database and not to its content, but makers of database are protected by related rights provided there has been substantial investment in obtaining, verifying or presenting the data contents.
|CR, Art.3, (4) k) ii , Art.58 (1)(2)|
|Are rights holders prohibited from excluding user rights under copyright law?||In part
In case of reproduction of architectural works,substantial parts of machine-readable data bases, whole books and graphic editions of musical works, persons lawfully possessing a copy of a computer program.
|CR, Art. 23, 36 (1) a),b)|
|Is computer software excluded from the scope of patentable subject matter?||Yes
They are protected by copyright as literary works under the Bern Convention
|TRIPS Art.10(1), WCT Art.4, Bern Convention Art.2,CR, Art.3 (4)a)|
Freedoms to access and use
|By Home Users||Is there any general user right that is based on a set of balancing criteria, such as a "fair use" right?||Yes
We have cases of free use of a work made public without the consent of the author and without remuneration for scientific,critical, informational, educational, library use to the extent justified by the purpose and for blinds.
|CR , Art.22 (1)- (2)g)(i)|
|Is time, space and format shifting allowed (such as ripping music from CD to an MP3 player)?||In part
Generally reproduction and transformation of works are subject matters of permission. Transformation of a work made public is allowed if it is a private or internal transformation and is not available to the public; short-time or rare temporary reproductions of a work are permitted, which have no individual economic significance, and is an inseparable and significant part of technological procedures Also for exclusively private use.
|CR, Art. 13 (1) a) f), 22 (2) j), (3), Art. 23|
|Can consumers reproduce copyright material for their own use in the original format, for example for backup purposes?||In part
Works lawfully made public exclusively for private, non-commercial use. But the provision does not apply to the reproduction of architectural works, machine-readable databases or their substantial parts, computer programs, whole books and graphic editions of musical works. Only a person lawfully possessing a copy of a computer program may reproduce it in a single copy for correction of errors or replacement.
|CR, Art. 23, 36 (1)|
|Can works be communicated to a limited public (for example, family and friends) without infringing copyright?||In part
Communication of works to a limited public is not public performance. Also is permitted public performance of musical works at educational institutions with the participation of teachers and students, if the audience is composed of teachers, students, parents.
|CR Art. 20, 22(2) g)(ii)|
|For Education||May students copy works for private research or study?||Yes
Subject matter of free use, in one copy of independent articles, succinct works, lawfully published in collections, newspapers, other periodical publications, short extracts from lawfully published written works can be made by the libraries and archives on demand of natural persons.
|CR, Art. 24 (3) b)|
|Does any such research and study provision cover distance and online education?||No
We have no such provision in our law yet.
|May translations of works be made for educational purposes?||No
Translation of the work is the exclusive right of the author and his/her written permission is needed.
|CR, Art.13 (1) e)|
|May educators copy works for use in the classroom?||Yes
It is also subject matter of free use, without consent and remuneration to the author. Educational institutions can make copies for classroom studies. Computer programs are excluded.
|CR, Art.24 (3)b)|
|Online||Are temporary or transient copies, incidental to a lawful use, excepted from copyright?||Yes
It is permitted to make short-time or rare temporary reproductions of a work, which have no individual economic significance, and is an inseparable part of technological procedures.
|CR, Art. 22 (3)|
|Does the law exclude or limit the liability of intermediaries such as ISPs for copyright infringements carried out on their network?||No
Simply our Copyright law has no such a provision yet. Law of RA on Electronic Communication does not foresee liability.
|Is Internet access free of ISP filtering or monitoring for potential copyright-infringements?||Yes
|By content creators||Is there any protection for consumers who non-commercially remix or mash up copyright works?||No
|May computer software be reproduced or transformed for the purpose of reverse-engineering interoperable software?||Yes
By the person lawfully possessing a copy of a computer program.
|CR, Art.36 (3)|
|Is the incidental inclusion of a work in other material permitted?||In part
Without the consent of the author and without remuneration it shall be permitted to reproduce, broadcast for non-commercial purposes works of architecture, photography or figurative arts located in open for attendance places.
|CR, Art. 25|
|Is there are copyright exception for parody or satire?||Yes
If the work is transformed into a parody or caricature, provided this does not create confusion as to the source of the work.
|CR, Art. 22.2, j) (ii)|
|By the press||Is there a copyright exception for the news of the day?||Yes
Usually daily news or information on current facts and events are not covered by copyright.But the quotation of an extract of the work lawfully made public for an informational purposes is permitted only to the extent justified by the purpose.
|CR, Art. 4 (1) b), Art, 22.2, a)|
|May copyright material be reproduced for the purposes of review and criticism?||Yes
only to the extent justified by the purpose of quotations.
|CR, Art, 22.2, a),|
|May quotations be used for any purpose?||No
Only for purposes foreseen by the law and to the extent justified by the purpose of the use .
|CR, Art. 22 .2.a),b),|
|By Libraries||May libraries copy works if they cannot reasonably be obtained commercially?||Yes
For restoring or substituting the lost or damaged copies (in one copy) and for replacement in case of the loss of the work at the other libraries.
|CR, Art. 24 (3) a),c),d)|
|May librarians copy works for users for the purpose of research or study?||Yes
Of collections, periodicals, newspapers, short extracts from lawfully published written works, except computer programs.
|CR, Art. 24 (3) b)|
|Are libraries allowed to make preservation or archive copies of materials in their collections?||Yes
for the purpose of restoring or substituting the lost or damaged copies (in one copy)
|CR, Art.24,(3) a)|
|Can lending libraries operate without incurring public lending rights fees to copyright owners?||In part
though it is exclusive right, practically it is not enforced by the authors.
|Art.13(1) d), (6)|
|By disabled users||Is it permissible to copy or adapt work for the use of those with disabilities?||In part
It is permitted the reproduction in Braille of a work lawfully made public for non-commercial use.No provision yet for those with disabilities.
|CR, Art. 22, 2. h)|
|In public affairs||Are laws excluded from copyright?||Yes
Copyright does not cover laws.
|Are other governmental works either excluded from copyright, or routinely shared under permissive licences?||Yes
Official documents and state emblems are excluded.
|CR, Art.4 (1)c)d)|
|Are the results of publicly funded research required to be published under an open access licence?||No
We have no such provision
Freedoms to share and transfer
|Do copyright owners have the right to release their works to the public domain, without any limitation on how those works may be used?||Yes
|CR, Art.38 (4)|
|Can public domain works be used without the need for any payment or registration of the use?||Yes
They can be used freely without the author’s remuneration and permission provided moral rights of the author are protected.
|CR, Art.37 (7)|
|Does the law make special provision for the legal use of orphaned works?||In part
Special provision is not foreseen, but collective administration bodies can use the amount in case the author or the right holder of related rights is not found within the lawful application prescription period established by the legislation for the benefit of other rightholders.
|CR, Art. 64 (1) i )|
|Is parallel importation of copyright works permitted?||In part
Importation is the exclusive right of the author, it depends on the contract.
|CR, Art.13 (1)b),(2), Art.15, Art.40 (3)|
|Are there national programmes or policies to promote the use, production or dissemination of openly-licensed material such as free and open source software or open educational resources?||In part
Armenia participated in EIFL-FOSS project. The elFL-FOSS ILS project coordinator is Tigran Zargaryan, director of Fundamental Scientific Library of the National Academy of Sciences, Armenia. Much of this program you can see at the website http://www.eifl.net/, EIFL-FOSS is improving ICT infrastructure in libraries as it enables libraries to maximize access to knowledge.
|Are there national programmes or policies that specify or promote the use of open document formats?||In part
There is no national program, but much work is done in elFL-OA, coordinator of which is Tigran Zargaryan. Workshop on "OA Awareness Raising" was organized in 2008 in Yerevan, Armenia.Information could be obtained at website www.flib.sci.am. At present 3 Armenian scholarly journals are freely available in DOAJ (Directory of Open Access Journals) Armenian Journal of Mathematics , Armenian Journal of Physics and Proceedings of NAS RA; Mechanics.
Administration and enforcement
|What is the maximum penalty for copyright infringement for an individual?||penalty of from 1,000 to 2,000-fold of the minimum salary ( approximately $ 5480 )||CrC, art.158, 2|
|What is the maximum penalty for copyright infringement for a corporation?||penalty of from 1,000 to 2,000-fold of the minimum salaryapproximately $ 5480 penalty||CrC, art.158, 2|
|Is innocent infringement of IP treated differently by the law?||No
in all cases the infringer bears responsibility set by the law
|CR Art 66, (2) d) e), CrC Art.158 2.|
|Is the creation or distribution of devices that can circumvent technological protection measures (TPM) permitted, where such devices can be used for legal purposes?||No
there is no such a provision
|Is the use of such devices by consumers or intermediaries permitted in the legal exercise of user rights?||No
|Does national copyright or consumer protection law require that the effect of TPMs distributed with copyright works be disclosed to consumers?||No
|Are there cases in which the availability of injunctive relief for IP infringement is limited by the law on public policy grounds?||No
|Does the law protect a user's Internet access from being suspended for alleged copyright infringement, except after a hearing in court?||No
|Are criminal sanctions limited to cases of large-scale commercial counterfeiting?||No
in case the action is conducted in a significant volume, shall be punished with penalty of 500-fold or 1,000-fold of the minimum salary, or incarceration for a period of from one to two months or imprisonment for the period of maximum one year, for large-scale commercial counterfeiting is foreseen penalty of from 1,000 to 2,000-fold of the minimum salary or imprisonment for the period of two years.
|CrC , Art. 158. 1, 2|
|Are damages for copyright infringement limited to the loss sustained, rather than a pre-established or statutory damages award?||In part
compensation of damage (including the lost benefit) is applicable or compensation at the rate of double royalty or remuneration, which the right holder would receive if the infringer had the authorization for the use of copyright subject matter
|CR, Art.66 (3) d), e)|
|Is there provision to penalise the wrongful allegation of copyright infringement?||In part
In case of transporting goods by customs border is proved not infringing the right holder's rights. Then the applicant has to pay the possible costs and damages caused to the transporter.
|CuC, Art .227 (1),3.e|
|Is there provision to penalise the obstruction of consumers' exercise of user rights?||No
|Does the patent system allow for pre-grant opposition?||No
Recent or upcoming changes
Amendments in the Law on Copyright and Related Rights finally will be adopted in a few months. They concern to rebroadcasting right and right on retransmission by cable, accreditation of collective management organization. Because of large scale changes a new Law is expected to elaborate in 2013. The Law "On Compulsory Labeling of Magnetic Carriers of Audio and Video Information by Control Marks (Holographic Labels)" and connected with the adoption of that law the changes in Criminal Code came into force, which foresee hard penalties for infringers not only for the infringements of large scale, but also for the action conducted in a significant volume thus protecting consumers' rights and will reduce the level of piracy in Armenia.
Summary of position
Armenia has signed all the important international treaties in IP field. Problematic is the digital sphere. Internet does not know territorial boarders and is a fruitful ground for the rights infringements, especially of musical and audiovisual works. This gives birth to necessity of including new provisions in the Copyright law. Law on Copyright and Related Rights of RA 2006 is harmonized with the main provisions of EU Directives in the copyright sphere and WIPO Internet Treaties. In 2011 changes and amendments are expected to be done connected with the inclusion of main provisions of EU Enforcement Directive, large scale of limitations and exceptions for libraries, museums, educational institutions, users, for those of disabilities, blinds, and use of works in digital form. In 2010 a new law was adopted "On Compulsory Labeling of Magnetic Carriers of Audio and Video Information by Control Marks (Holographic Labels)". The purpose of this law is to protect authors and consumers /users rights by protecting the discs against counterfeit thus minimizing unauthorized production. Amendments were made also in the Article 158 of the Criminal Code. High penalties are foreseen not only for the infringements of large scale, but also for the action conducted in a significant volume. The mentioned law and amendments in Criminal Code will come into force on 1 March, 2011 and will play a great role in regulation of the musical market. Supervision and enforcement in IPR area is implemented by the Police, particularly by the Division of Struggle against organized Crimes. It is today’s demand to foresee ex-officio rights (TRIPS) for police and customs bodies. I hope the new draft will give solution to many questions, that have no answers today. Though Copyright law is harmonized with international standards, but even the perfect laws can not act themselves. Creators and users have to enforce it. Therefore very significant is the raise of public awareness in IPR field.
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