News

A new law to be voted in Parliament comes with bad consequences for authors in the Republic of Moldova.

Since independence, Moldova has advocated European integration. The citizens of this country are European not only in geographical location but also in intellectual concepts.

Moldova’s road to the EU has been an arduous one, but whatever the circumstances, the Republic of Moldova has remained firmly anchored to the country’s European course.

The current government has taken numerous steps towards the EU and these have materialised in the official acceptance of Moldova’s application for EU membership. In the intention to obtain the status of candidate country, colossal efforts have been made, but we must understand that future actions are more important than anything that has happened so far. The Republic of Moldova needs to bring its key sectors into line with EU requirements. Economy, justice, social protection are just some of the areas that require fundamental changes.

However, Moldova still retains the remnants of a society intoxicated by the vices of the past, and some entities, taking advantage of the legislative changes made in the context of bringing the Republic of Moldova’s legislation into line with EU law, are trying to impose their own corrections which are to their advantage, but which risk damaging Moldova’s image at European level.

In this context, the Moldovan Parliament is examining a draft law that will radically change the field of intellectual property, in particular the field of protection of authors. Taking advantage of the fact that the field of intellectual property is complex enough to be understood very well by legislators, certain private structures in tandem with some state bodies in the field of intellectual property are trying to promote their personal interests through some strange rules. Who will benefit from the adoption of the new law? Certainly not the authors.

In addition to the accompanying changes, the new law lowers the remuneration of authors for the reproduction of works for personal purposes from 3% to 0.3%. A provision which clearly harms authors and which arouses discontent among all holders of copyright and related rights, but which is voted for and accepted even though it harms those whom the new law is actually supposed to protect.

The draft also gives the Director of AGEPI emphatic powers, which is not a welcome development, and concentrating decision-making power in the hands of one person is certainly not a European model of good governance. The powers given by the draft law to the Director of AGEPI are exaggerated and will, in time, give rise to major corruption problems.

Regardless of these shortcomings, the draft was voted on at first reading and is to be voted on at second reading, even at the risk of the new law being criticised in every European forum. Damaging the image of the Republic of Moldova is not an obstacle to the realisation of private economic interests.

The EU recognises Moldova’s European perspective. The future of this country and its citizens must be in the European Union, and the Republic’s legislation must be created to support its citizens and not to their detriment.

The current draft law on copyright and related rights has many loopholes that have been taken advantage of in bad faith by individuals, private entities, including state bodies. The law requires a revision of all its provisions so that it truly reflects European principles and is the foundation for the protection of copyright and related rights. We hope that the members of the Moldovan Parliament will show wisdom and act in the interest of the country, not in the interest of private entities. We hope that eventually the draft law will be transformed into a European one, with minimal risks of corruption and fully protecting authors.