27.06.2019

Copyright in Mongolia

Background

A copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction.

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We have summarized the current legal framework of copyright in Mongolia. Mongolia is a member of WIPO from 2002 and acceded to the number of international conventions in regards with to Intellectual property right including copyright whereas the article on copyright issues included in the Mongolian Constitution, the basis for copyright development was established in Mongolia towards international standards of treatment and practice. Based on this legal precedent, the particular law on copyright was enacted in 1993 and its revision was approved in January 2006.  

Under this legal briefing, we have analyzed 50 court decisions of 3 levels of the courts of Mongolia. The court made 3 types of decision that namely judge made a decision in favor of the claimant, or returned the claim to the first instance court or dismissal of the claim by the claimant. If there is a copyright infringement, a defaulted citizen and the legal person shall be imposed sanction under the Criminal law and Law on Offence and shall be demanded to liquidate damage by the Civil code.

Nowadays, Mongolia has joined in 14 Conventions on the Intellectual Property. There are four following International Conventions on the Rights of the Copyright:

1. Berne Convention for the Protection of Literary and Artistic Works (1886);

2. World Intellectual Property Organization (WIPO) Copyright treaty (1996);

3. Trade-Related Aspects of Intellectual Property Rights (1995); and

4. WIPO Performances and Phonograms Treaty (1996).

What are the requirements for copyright?

Any and all relations of copyright is regulated by Law on "Copyright and Related Rights" of Mongolia. This  law  relates copyrights of scientific and literary works whether in verbal or written form, including computer programs, musical works whether with or without lyrics, fine art, decorative, applied and theatrical arts, architecture and sculptures, choreographic works, works of contortionists and pantomime, plays and musical works created for the stage art, photographic works and works created by methods similar to photography, glossaries, references, compilations and databases that are considered to be intellectual works by its structure and contents and have been created through creative activities such as selection and placement of materials and audiovisual works, derivative work don’t protected by copyrights.

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For more information or any queries, please feel free to contact V.Bolormaa, Partner of GRATA International Law Firm by bvolodya@gratanet.com or 976 99085031.