The First Meeting of the Commission for Accreditation of a Collective Management Organization of Economic Rights was Held at Sakpatenti

As is known to the public, a large-scale reform is being implemented in the field of management of copyright and related rights. Within the reform, taking into consideration the relevant directives of the European Parliament and the European Council, issues of collective management of economic rights have been reviewed qualitatively and regulated in accordance with the international best practices. In particular, the new Law has imperatively imposed on the organizations wishing to carry out collective management of economic rights the obligation to pass state accreditation. Along with this, Sakpatenti, as the body determining the state policy in the field of management of intellectual property, has been obliged within 2 months after enactment of the Law to announce an accreditation competition for granting accreditation to a collective management organization of economic rights. 

Filing applications for participation in the accreditation competition started on September 26, 2023, and was completed on November 26, 2023. In this period three organizations filed applications requesting to grant accreditation.

On the basis of the order of the Chairman of Sakpatenti, the Commission for Accreditation was established. The composition of the Commission includes: the Chairman of Sakpatenti, who at the same time is the Chairman of the Commission for Accreditation; 2 members of the Parliament of Georgia, selected according to the rule established by the Regulations of the Parliament of Georgia; a representative of the Ministry of Economy and Sustainable Development of Georgia; a representative of the Ministry of Education and Science of Georgia; a representative of the Ministry of Culture, Sports and Youth of Georgia, and the Head of the Government Administration of Georgia. 

The meeting of the Commission was held on December 8, at Sakpatenti Office, and was attended by all members of the Commission.

The Commission, on the basis of the documents presented by the applicants, discussed the compliance of each candidate with the requirements defined by Article 64 of the Law of Georgia “On Copyright and Related Rights”. This statement of the Law sets the basic standards which shall be satisfied in order to receive accreditation and covers fundamental issues such as compliance of the charter of the organization with the legislation of Georgia, owning of the material and technical base necessary for collection of royalties, existence of the properly functioning management system in the organization (which in its turn implies the existence of the Supervisory Board, as well as the compulsory reservation that one and the same person may be elected as the head consecutively only twice). The listed and other standards stipulated by the legislation guarantee subsequently the proper functioning of the accredited organization. 

Accordingly, only such an organization/such organizations will receive accreditation for collective management of economic rights which have submitted documents confirming that the requirements determined by the Law are fulfilled and will be selected by the Commission through a competition. 

Pursuant to the Law of Georgia “On Copyright and Related Rights”, the Commission shall make the final decision after the expiration of the 1-month period from filing of the applications for accreditation. 

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