Chronological overview of procedures related to the issuance of a license by the Institute for Intellectual Property of Bosnia and Herzegovina for the collective management of rights to audiovisual works
In order to present the course of administrative actions related to the issuance of a license for the collective exercise of rights to audiovisual works, the Institute provides:
Chronological overview of procedures related to the issuance of a license by the Institute for Intellectual Property of Bosnia and Herzegovina for the collective management of rights to audiovisual works
1. Decision of the Institute number IP-03-47-5-05881/15VT dated 16/10/2015 - license for collective management of rights to audiovisual works to UFR (Association of Film Workers, Sarajevo)
2. Submission of UFI (Association of Film Industry, Kiseljak) dated 12/08/2015 No. UP-03-47-5-09376/15 - request for issuance of a license for collective management of rights to audiovisual works
3. Request of UFI from 03/02/2016 03-47-5-105/16 - for revocation of the issued license for collective management of rights to audiovisual works, granted by the Decision number IP-03-47-5-05881/15VT, dated 16/10/2015
4. Summons by the Institute number IP-03-47-5-05878/15VT, dated 16/10/2015, sent to UFI in order to regulate the application for the issuance of a license for the collective management of copyright and related rights in audiovisual works
5. Decision by the Institute for Intellectual Property of Bosnia and Herzegovina number: IP-03-47-5-288/15GM, dated 21/04/2016 - revocation of the license to the Association of Film Workers (UFR) and granting of the license to the Association of Film Industry (UFI)
6. Decision of the Appeals Chamber at the Council of Ministers of BiH (hereinafter: the Appeals Chamber) number: UPŽV-09-07-3-118/16, dated 13/12/2016
7. Ruling of the Court of BiH number: S1 3 U 022127 16 U dated 28/03/2017 in an administrative dispute which, due to the withdrawal of the plaintiff - Association of Film Workers (UFR) from the lawsuit and its withdrawal, suspends the proceedings before this Court against the Decision of the Institute from 2016 (which granted UFI a license and revoked it from UFR)
8. Decisions of the Institute number: 03-47-5-288-21/16 from 01/04/2017
9. Judgment of the Court of BiH number: S1 3 U 023589 16 U, dated 17/09/2018
10. Judgment of the Court of BiH S1 3 U 024730 17 U, dated 30/10/2018
11. Decision of the Institute number: 03-13-2-749-6/19GM from 01/02/2019
12. Decision of the Appeals Chamber number: UP2ŽV-09-07-3-118/16, dated 20/08/2020
13. Judgment of the Court of BiH, number: S1 3 U 032078 19 U, dated 19/02/2021
14. Conclusion of the Institute number: IP-03-13-2-749-12/18GM, dated 25/03/2021
The license for collective management of rights to audiovisual works issued by the Institute to the collective organization - Association of Film Industry (UFI) was issued in accordance with the provisions of the Law on the Collective Management of Copyright and Related Rights ("Official Gazette of BiH" No. 63/10) and as such is valid.
The Court of BiH did not revoke or annul by any judgment the license of the Institute: IP-03-47-5-288/15GM, dated 21/04/2016, nor ordered a retrial in this administrative matter.
All decisions rendered by the Appeals Chamber of the Council of Ministers of Bosnia and Herzegovina were declared null and void by the Court of BiH, and they do not produce legal consequences.
From all the above, it is obvious that in the case of granting a license for the collective management of the right to compensation for cable retransmission of audiovisual works, the only legally valid is the Decision of the Institute from 2016 by which the license was issued to the Association of Film Industry (UFI), number IP-03-47-5-288/15GM from 21/04/2016.
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