Laws
Adopted by the National Assembly
15 June 2006
Law on Copyright and Related Rignts
Chapter 5: Protection of Copyright and Related Rights
Article 65. Actions Considered to be Infringement of Copyright and Related Rights(1) Any use of a work or its essential part or other subject matter of related rights protected by this Law is illegal, if such use is not obtained beforehand from the holder of copyright or related rights.
Substantial part of a work shall mean any part of a work, if any person familiar with the work can on his own identify as a part of that work.
(2) A person who does not implement the requirements of this Law shall be considered as an infringer of copyright or related rights.
(3) Copies of protected subject matters made or distributed without the consent of the right holder shall be considered false or counterfeited.
The copy of a work, phonogram (or videogram), protected by this law in the Republic of Armenia, which is imported to the Republic of Armenia, without the consent of the right holders of copyright and related rights, from countries, where the work, phonogram (or videogram) has never been protected or has ceased to be protected, shall also be considered counterfeited.
(4) Compilation of extracts, ideas from other works without creative adaptation and without mentioning of the source and appropriation of it or submission of the whole work by his name shall be considered to be plagiarism.
(5) Persons infringing copyright and related rights shall bear liability provided in the order established by Law.
Article 66. Protection of Copyright and Related Rights
(1) The right holder of copyright or related rights may seek protection of his rights by applying to the court, according to the procedures defined by the legislation of the Republic of Armenia.
(2) The right holder of copyright or related rights while seeking protection of his rights, in the order established by court, may claim from the infringer:
a) recognition of his rights;
b) recovery of the situation existing before the infringement or prevention of actions containing apparent danger of an infringement;
c) seizure or destruction of counterfeited copies, as well as the materials and equipment used for their production;
d) compensation of damage (including the lost benefit) in the order established by law;
e) compensation at the rate of double royalty or remuneration, which the right holder would receive if the infringer had the authorization for the use of copyright subject matter or compensation for damages equal to the damage caused by actual infringement, including the missed benefit;
f) publication of a judgment in exercising mass media at the infringer’s expense, to the extent and in such manner, as deemed appropriate by the court;
g) application of other remedies, for the protection of his rights, established by the legislation of the Republic of Armenia.
(3) The right holder of copyright or related rights enjoys the right to choose the remedies mentioned in subparagraphs c), d) and e) of paragraph (2) of this Article.
(4) The right holder of copyright or related rights may demand that persons, who are in any way connected with the infringement of rights protected by this Law (manufacturers, printers, importers, possessors of counterfeited copies or means with which the right was infringed), provide information about third persons who have participated in production and distribution of counterfeited copies, as well as about the sources of obtaining and distribution ways and submit documents in connection with the infringement, immediately upon demand.
The persons mentioned in this paragraph, who fail to give the required information or documents, are liable for damages that may be caused by their failure to comply.
(5) Counterfeited copies not demanded by the right holder of copyright or related rights, as well as the materials and equipment used for their production and reproduction may be destroyed according to the court decision.
Article 67. Protection of Technological Measures
(1) Any person who knowingly or having reasonable grounds to know circumvents any technological measure, designed for the protection of copyright and related rights, makes, imports, distributes, sells, rents out, advertises for rental or sale purposes, or possesses for commercial purposes devices, products or components or provides service, which:
a) are proposed, advertised or marketed for the purpose of circumvention of an effective technological measures;
b) have a significant purpose to circumvent any effective technological measures designed for the protection of copyright and related rights in the result of their use and (or) implementation;
c) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of technological measures for the protection of copyright and related rights
shall bear liability equal to that established by Law for infringement of copyright and related rights.
(2) A technological measure for the protection of copyright and related rights shall mean any device or their components, that in the normal course of their operation, are designed to prevent or restrict acts in respect of works or subject matters of related rights which are not authorized by holder of copyright or related rights.
(3) Technological measure shall be deemed effective, where the use of a protected work or other subject matter is controlled by the right holders through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject matter or a copy control mechanism, which achieves the protection objective.
Article 68. Protection of Rights Management Information
(1) Any person, who knowingly commits any of the following acts:
a) removes or alters any electronic rights-management information on copyright and related rights without authorization;
b) distributes, imports for distribution, broadcasts, communicates or makes available to the public of a copyright work or subject matter of related rights, where electronic rights-management information has been removed or altered without authorization;
c) knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of any copyright or related rights
shall bear liability equal to that established by Law for infringement of copyright and related rights.
(2) Rights-management information shall mean any information provided by right holders which identifies the work or subject matter of related rights, the author or the related rights holder or information about the terms and conditions of use of the work or subject matter of related rights and relevant numbers and codes that represent such information, when they are indicated on a copy of a work or subject matter of related rights or when they appear in connection with their communication to the public of a work or subject matter of related rights.
Article 69. Remedies for Ensuring Claims on Infringement of Copyright and Related Rights
(1) The court may, in the order established by the Civil Procedure Code of the Republic of Armenia, take remedies for ensuring the claim based on the petition from the persons participating in the case, or at its own discretion, to freeze all alleged counterfeited copies of works, databases, phonograms or videograms, as well as the materials and device designed for making and reproduction thereof, prohibit particular actions.
(2) The court is entitled to prohibit the entry of counterfeited copies, including imported copies after customs clearance into the market, as well as to take remedies that the copies which have been recognized as counterfeited copies be taken out of the market at the expense of the infringer without compensation and without prejudice to the right holder or be destroyed.
(3) In case of the infringement of copyright and related rights, for which criminal liability is provided, the court, with the purposes of ensuring the civil claim submitted or to be submitted in future, shall be entitled to seize all alleged counterfeited copies, as well as the materials and the devices intended for their creation and reproduction, and, if necessary, to confiscate and destroy them.
