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2016

публикувано 14.03.2016 г., 1:20 ч. от Матей Жостов   [ актуализирано 14.03.2016 г., 1:21 ч. ]
2016 SPECIAL 301 REPORT ON COPYRIGHT PROTECTION AND ENFORCEMENT


The marketplace for the copyright industries, in particular, the music industry, continues to deteriorate. This is due in large part because the Copyright and Neighboring Rights Act is seriously outdated. There is currently no clear legal framework regarding digital rights, including the making available right. In fact, none of the exclusive rights are clearly delineated in the law, so instead the framework for protection, and collection of any monies based on the rights, is confusing and disjointed. This is a major hindrance to enforcement as well, and it is hoped that majorrevisions to the Act can be undertaken. Additionally, a new law regulating collective rights management is under consideration. Enforcement in Bulgaria remains a major concern, and has weakened due to a lack of effort by the Government of Bulgaria. In 2015, a reorganization within the government meant that the Ministry of Interior lost jurisdiction over the General Directorate for Combating Organized Crime (GDCOC). Until this change, this unit was a lone example of an office successfully undertaking enforcement against a major problem in Bulgaria, namely, organized criminal syndicates engaged in widespread piracy. Instead, the law now requires the private sector to prove a link to organized crime as a threshold matter in order to initiate an investigation, which means, in effect, that no such cases will be initiated. The Ministry of Culture has, in the past, demonstrated a willingness to address IPR infringements, a task greatly appreciated by the copyright industries. However, with this change in jurisdiction, their administrative capacity is also quite limited. That, coupled with the absence of deterrent criminal sanctions, means that enforcement will only further weaken without substantial changes in the legal and enforcement regimes in Bulgaria.