Justice minister hands over bills to Parliament

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      Minister of Justice and Internal Affairs Kh.Nyambaatar handed over a draft parliamentary resolution on approval of the guidelines for improving the legislation of Mongolia through 2024, revision of the Law on Copyright and Related Rights, amendment to the Law on Trademarks and Geographical Indications, revision of the Law on Patent, and amendment to the Law on Anti-Corruption to Speaker of Parliament G.Zandanshatar on December 1.

The draft parliamentary resolution on approval of the guidelines for improving the legislation of Mongolia through 2024 includes 149 bills and 12 draft parliamentary resolutions.

Out of the 149 bills included in the draft, 34 will be submitted in 2020, 82 in 2021, 21 in 2022 and 12 in 2023. Three of the 12 draft resolutions will be submitted to Parliament in 2020, three in 2021, four in 2022 and two in 2023, respectively. There are 54 drafts revisions, 43 bills, 42 amendments and 10 bills on ratification of international agreements up for review.

The draft revision of the Law on Copyright and Related Rights was developed to improve the regulation of copyrights and related rights, clarify the legal regulation of electronic and other communication networks and broadcasting, improve the legal framework for copyrights and rights holders, and specify in detail the special conditions that do not require copyright permission.

The definitions of terms have been added and some terms have been revised. It stipulates that an exclusive right to use photographs and ancillary works shall be for 25 years from the date of creation of the work, while cinematographic and audiovisual works shall be for 50 years from January 1 of the year following publication. In the event that exclusive rights to use the work is transferred to a legal entity under a contract, it shall be protected for a period of 50 years, starting from January 1 of the year following the publication of the work.

It also defines specifics of copyrights of some works, the basic methods of transferring exclusive rights to use the work or issuing license for exclusive rights, and details the basic terms of the transfer agreement and license agreement.

The draft revision also provides for technological protection measures to protect copyrights in communications networks and to prevent the use of works without the permission of the copyright holder.

In addition to registering inventions, product designs and utility models, the draft revision of the Law on Patent provides for the regulation of issues related to the exclusive rights of the invention, and the details of the license agreement.

The bill initiator believes that it is necessary to reconsider the decision to grant or refuse a patent, and create conditions for the provision of time concessions to innovators and applicants.

The regulations on electronic submission of inventions, product designs and utility model declarations have been revised, and regulations related to requesting quality judgments and reporting about inventions, utility models and product designs have been amended.

The draft amendment to the Law on Anti-Corruption stipulates that the deputy head of the Independent Authority Against Corruption (IAAC) will be appointed by head of the IAAC. In accordance with Article 21.1 of the current Anti-Corruption Law, the deputy head of the IAAC is appointed by Parliament on the recommendation of the president of Mongolia for a term of six years.

It has two articles, and Article 1 amends 21 articles of the Law on Anti-Corruption in entirety.

Misheel Lkhasuren

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