Obtaining of Control Marks
Obtaining of Control Marks will help you to protect your rights.
In Ukraine there is an effective law (enacted in August 2003), which regulate distribution of different types of phonograms, computer programs, video and other products for which is required to get a special control sign, so-called “control mark”.
This mark confirms observance the copyrights and (or) related rights. It also gives the right to distribute these products. Stated another way, the control mark is the official sign that prove, that buyer obtain licensed software.
Marking by series
The Law of Ukraine is also accentuating that each group of products is labeled with a definite series control mark of a certain series.
So, DVD, CD and Blu-Ray discs which are intended for sales will be treated to "C" series. For example video recordings, phonograms, audiovisual works, computer programs and databases in form of an optical media.
Copies of the video recordings and audiovisual works as films and magnetic media are a series of "B".
And the "A" series include copies of the phonograms as magnetic media and vinyl discs.
Why do we need control marks?
None of the store that value theirs reputation and don't want to deceive their customers will not sale DVD, CD and Blu-Ray discs without the control mark, because such a good is illegal. If any inspection will reveal this illegal production, it will be confiscated by the courts decision.
The control marks can be obtained by the companies which replicate CDs and have a Holographic protective works license issued by the Security Service of Ukraine. If Your Company does not have such license, specialists of Patent and Law Agency "ViConsult" will help you to get it.
To start the procedure of obtaining the Control Marks you have to provide a basic package of documents (according to article 5 of the Law of Ukraine):
- Application form;
- A copy of the charter of your association;
- A copy of the charter contract;
- A business entity Certificate;
- A single tax contributor Certificate;
- List of goods on a record medium with Titles;
- USREOU code or identification number (for natural and legal persons accordingly);
- The State standard documents which allow the applicant to distribute and\or demonstrate films;
- A copy of the ownership of copyright and (or) related rights transfer or license agreement.
Our specialists perform all the actions for obtaining control marks in accordance with the Law of Ukraine "On the distribution of the copies of audiovisual works, phonograms, video recordings, computer programs, databases", at that they are guided first and foremost with a wish to protect Clients rights.
Terms of control marks obtaining
Within 3 workdays after applying for a control mark it is resolved about either to issue a special holographic mark to the applicant or to refuse to grant it. After it was resolved to grant control marks, applicant must provide a copy of the payment document (official fee payment). Then specialist of the ViConsult agency receives and provides the client with all the necessary control marks within 5 working days.
If the applicant receives a control mark for the first time, the data on it should be recorded to the Unified Register of the control marks recipients necessarily. Our work is to help you to get licensed product, which will be fully prepared to implement, shortly and without violating a laws.