An author shall enjoy
non-property personal rights and exclusive (property)
rights in respect of his or her work.
An author shall enjoy
the following non-------property personal rights in
respect of his or her work:
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.
Ownership of
the exclusive rights in copyrighted works may be
transferred/ licensed in whole or in part by way
of written agreement.
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.
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.
The Government
shall establish rules on the use of requisitioned
works.
Article 14. Public
communication of works for public benefit
- 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:
- use for teaching;
- use in public arrangements
for a non-profit purpose
- the public communication by
the regular press and broadcasters of speeches
delivered at official or public meetings.
- 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
-
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.
-
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
- use of works as part of collections
of archives, museums, or libraries for a non-profit
purpose;
- use for teaching;
- 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
- The term of copyright in a
particular work shall be deemed to begin from
the day of its making.
- 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.
- 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.
- 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.
- 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;
- inviolability of works;
- 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
- Broadcasting organisations
shall enjoy the following rights related to copyright:
- the right to authorise other
broadcasting organisations to make simultaneous
broadcasting of their broadcasts;
- the right of television
to broadcast by radio and the right of radio
to broadcast by television.
- the right of reproduction
of experpts of their broadcasts;
- other rights transferred
to them under agreements concluded with the
authors of original works.
- 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
- 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
- This law shall come into force
on 1 September 1993
- 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:}
- receiving applications for
inventions and industrial designs and making determination
on them;
- 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
- 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.
-
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 ;
- ownership of his or her invention
or industrial design;
- assign his or her right in
patent to another person;
- 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
- Any interested person may
exploit a patented invention or industrial design
concluding a license contract with the patent
owner.
- 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.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
- 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:
- 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
- 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.
- 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
- 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.
- 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
- 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.
- 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
