Afghanistan and copyright issues
Encyclopedia

International agreements

In 1958, Afghanistan ratified the Agreement on the Importation of Educational, Scientific and Cultural Materials, with Annexes A to E and Protocol annexed (Florence, 17 June 1950). In 1979, it accepted the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (Paris, 14 November 1970) and in 2005 it ratified the Convention concerning the Protection of the World Cultural and Natural Heritage (Paris, 16 November 1972). It acceded to the WIPO
World Intellectual Property Organization
The World Intellectual Property Organization is one of the 17 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world"....

 treaty on 13 September 2005, which came into action at the end of the year.

In November 2003, the Copyright World journal reported that a group, Intellectual Property Working Group of the Afghanistan Transitional Commercial Law Project, had been working on setting up the first patent or copyright system for the country, and updating its trademark laws. It is a joint project of Center for International Management Education (CIME) and the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...

's "Asia Law Initiative" (ABA-Asia).

Relations with United States

As of 2005, Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...

 has no official copyright relations with the United States, resulting in works published in the country not being copyrighted in the United States, regardless of any local copyright laws in Afghanistan.

In October 2007, the US Department of Commerce and the Afghanistan Ministry of Commerce and Industry signed a joint agreement to establish a forum for commercial cooperation including establishing intellectual property rights protection and enforcement.

RTA incident

In 2005, Deputy-Minister of Information and Culture Saied Aqa Husain Sancharaki stated that a copyright law was forthcoming, which prompted the National Independent Commission for Radio and Television Broadcasting to circulate a statement requesting that media outlets either pay royalties or cease distributing material that had been created by Radio Television Afghanistan
Radio Television Afghanistan
Radio Television Afghanistan is an Afghan broadcasting organization. This governmental organ has a national TV station, RTA...

 as the outlet began transforming to a public broadcaster
Public broadcasting
Public broadcasting includes radio, television and other electronic media outlets whose primary mission is public service. Public broadcasters receive funding from diverse sources including license fees, individual contributions, public financing and commercial financing.Public broadcasting may be...

. It was later pointed out that RTA had no right to make such an autonomous declaration.

The move was criticised by the heads of Ayna TV and Tolo TV
Tolo TV
Tolo TV , is a television station, being one of the first commercial ones to operate in Afghanistan. Launched in October 2004 by MOBY Group, it laid the foundations for an accessible media outlet offering a big library of shows...

, who argued that the cost of royalties meant that potential independent media outlets could not afford to broadcast, and the lack of independent media in the country meant broadcasters relied on RTA footage to play "a significant cultural role...filling this void". The act contradicted the ministry's edict to "promote national culture and traditions" by outlawing the broadcast of the majority of the country's traditional films, music and programming.

Trademarks

Trademark
Trademark
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...

s and service mark
Service mark
A service mark or servicemark is a trademark used in some countries, notably the United States, to identify a service rather than a product. When a service mark is federally registered, the standard registration symbol ® or "Reg U.S. Pat & TM Off" may be used...

s are both registered for renewable ten-year terms through the Ministry of Foreign Affairs in Afghanistan, which has adopted the 8th edition of the International Classification of Goods and Services.
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