As part of action plans to strengthen IP protection and prepare for accession to the WTO, a draft bill was developed and approved in the first reading by the Lower Chamber of the Parliament, which envisages the key changes below (Click here):

Extending the term of copyright protection from 50 to 70 years

In line with TRIPS requirements, the bill proposes extending the term of copyright protection from 50 to 70 years (plus life of author).

Statutory liquidated damages for copyright infringement

The bill proposes to introduce statutory liquidated damages for copyright infringement of between 20 and 1,000 times the basic calculation unit (approximately US$400 to US$20,000). This might be as an important deterring factor in enforcement of copyright. 

In court practice, the only alternative to the statutory liquidated damages is a claim for damages. However, this has not proven to be an efficient deterrent and remedy for infringement, as the courts have high expectations for the burden of proof and it is very challenging to prove the amount of damages to the satisfaction of the court. 

Introduction of statutory liquidated damages may add an efficient instrument to the copyright holders’ toolbox and could be a good starting point for ensuring an adequate remedy.

Fast-track route for trademark registration 

The bill proposes to introduce a fast-track option for trademark registration, which could result in decreasing the registration time from an average of eight months down to three months.

The fast-track route may result in a number of significant improvements, such as shortening the time required for launching new products and entering the market, , as well as preventing unfair competition.