Ministerial Decree No. 8/2003 of January 15, 2003, laying down Rules for the Operation and Feasibility of the Regulations on the Compulsory Affixing of Seals to Phonograms, Mozambique, WIPO Lex

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English Ministerial Decree No. 8/2003 of January 15, 2003, laying down Rules for the Operation and Feasibility of the Regulations on the Compulsory Affixing of Seals to Phonograms

Portuguese Diploma Ministerial n° 8/2003 de 15 de Janeiro 2003 estabelece regras para o operacionalizacao e exequibilidade do Regulamento da Aposição Obrigatória do Selo nos Fonogramas

Ministerial Decree No. 8/2003 of January 15, 2003 laying down Rules for the Operation and Feasibility of the Regulations on the Compulsory Affixing of Seals to Phonograms

_____________________________________________________________

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Wednesday, January 15, 2003 SERIES I Number 3

[Emblem of Mozambique] BULLETIN OF THE

REPUBLIC1 OFFICIAL PUBLICATION OF THE PEOPLE’S REPUBLIC OF MOZAMBIQUE

[…]

MINISTRY OF CULTURE

Ministerial Decree No. 8/2003

of January 15, 2003

It being necessary to establish rules to make the Regulation on the Compulsory

Affixation of a Seal to Phonograms operational and feasible, pursuant to Article 3 of

Decree No. 27/2001 of September 4, 2001, as well as to the first part of Article 14(1) of

Law No. 14/78 of December 28, 1978, I hereby order as follows:

ARTICLE I

(Objective and Scope)

The present Ministerial Decree shall establish rules and procedures for the

compulsory affixation of a seal to phonograms by publishers, producers, distributors,

retailers, importers and exporters of this material.

ARTICLE 2

(Applications for seals)

The seal printed by the National Book and Record Institute may be obtained from

the customer service department by the owners of the right to exploit phonograms listed

in Article 1 of the present Decree.

ARTICLE 3

(Competency)

The Director of the National Book and Record Institute shall be competent to

authorize the provision of the seal.

Translator’s Note: Official Government Gazette.1

ARTICLE 4

(Authentication of phonograms)

1. Seals shall be authenticated pursuant to Article 4 of the Regulation on the

Compulsory Affixation of a Seal to Phonograms.

2. The authenticating seal for phonograms shall be affixed thereto in accordance

with their nature and origin, as follows:

a) a hologram for compact discs;

b) a seal with a blue label for Mozambican audio cassettes;

c) a seal with a green label for imported audio cassettes; and

d) a seal with a yellow label for Mozambican and imported audio cassettes

and compact discs under the transitional regime.

ARTICLE 5

(Affixation of the seal)

1. The way in which the seal is affixed to phonograms shall depend on their nature.

2. When seals are affixed to phonograms, the emblem of the Republic shall be

positioned as follows:

a) on compact discs, on the front of the cover;

b) on audio cassettes, on the front, preventing the cassette box from being

opened;

c) on audio and compact discs in circulation in the market, on the front,

preventing the box/case from being opened.

ARTICLE 6

(Design of seal)

1. The seal shall consist of two parts:

a) the hologram, bearing the emblem of the Republic of Mozambique;

b) the label, containing the legend “MC, number and series”;

c) a background, in which the words “Ministry of Culture” are repeated.

2. The design of the seal appears in an annex to the present Decree, of which it

forms an integral part.

ARTICLE 7

(Transitional regime seal)

1. Publishers, producers and importers shall be responsible for applying for the seal

for the authentication of audio cassettes and compact discs in stock on the date on which

the seal is introduced.

2. Distributors and retailers shall send their suppliers a list of the phonograms to be

sealed and the respective amount concerning the acquisition of the respective seal.

3. For the purposes of the preceding paragraphs, the process of affixing the seal

shall be carried out within ninety days of the publication of this Ministerial Decree in the

Boletim da República.

ARTICLE 8

(Numbering of Seals)

1. Each seal shall bear a specific number.

2. When an application is made for a seal, the appropriate authorization order that

accompanies phonograms until they have been sealed shall be drafted, indicating the

serial number of the seal supplied.

ARTICLE 9

(Licensing)

1. Natural or legal persons involved in the production or marketing of phonograms

must be licensed to carry out their activities.

2. Activities are licensed at the National Book and Record Institute, subject to the

opinion of the Provincial Directorate of Culture.

3. The purpose of licensing is to confer recognition on and publicize the activity

carried out by the persons referred to in the preceding paragraph.

4. Licenses shall be valid for one year and may be renewed during the first two

weeks of January.

5. The design of the license shall be contained in an annex to this Decree, of which

it forms an integral part.

ARTICLE 10

(Fees)

Payment of a fee of Meticals 1,500,000.00 shall be due for the licensing of the

activities referred to in Article 9 of the present Decree.

ARTICLE 11

(Reproduction of covers)

1. The reproduction of covers of audio cassettes and compact discs in Mozambique

must be carried out in printing houses that have been duly licensed by the National Book

and Record Institute.

2. The printing houses referred to in the preceding paragraph shall comply with the

provisions of Article 9(4) of the present Ministerial Decree.

ARTICLE 12

(Penalties)

Any infringement of the provisions of Article 11 of the present Decree shall be

punished pursuant to Article 6(4) of the Regulation on the Compulsory Affixation of a

Seal to Phonograms.

ARTICLE 13

(Entry into force)

1. The present Ministerial Decree shall enter into force immediately.

2. The seal for the transitional regime shall be applied pursuant to Article 6 of the

present Decree.

The Ministry of Culture, at Maputo, December 27, 2002.

— The Minister for Culture,Miguel Costa Mkaima

Article 7(2) of the Ministerial Decree

Design of seal

Seal for compact discs

Seal for Mozambican audio cassettes

Seal for imported audio cassettes

[Seal design]

Transitional seal for audio cassettes

and compact discs existing in the

market, which are to be sealed within

90 days of publication in the Bulletin

of the Republic.

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19JANUARY 15, 2003

Article 9(5) of the Ministerial Decree

[Emblem of Mozambique]

REPUBLIC OF MOZAMBIQUE

MINISTRY OF CULTURE

National Book and Record Institute

License No.…………………………………………………………

……………__________________________________________________..................

………….Director of the National Book and Record Institute……………………….

………………do hereby declare to whosoever may see this license that, having before

me the file relating to the application made by …………………………for the granting of

authorization to carry out the activity of: ………………………….………………….

………..Whereas there is no impediment whatsoever pursuant to:……………………….

…….……..Authorization has been granted to issue this license by order dated ___of

_______________of____ under the conditions stipulated No. ______________

……………………of the corresponding file……………………………………………

……………………This license has accordingly been prepared and my signature will be

duly authenticated with the embossed seal in use in this Institute……………………

……………..Issued on____/____/____Valid until____/____/____

The Director,

…………...

……………

…………

……………

_________________________________________________________________________________

________________________

20 SERIES I – NUMBER 3

Licensing File No.…………………………

1. Business name or trading name ………………………………………………

……………………………………………… 2. Unique Tax Identification number (NUIT)

……………………………………………… 3. Name, address or shares of the members of private limited

………………………………………………companies or partnerships

………………………………………………

……………………………………………… 4. Managers or Administrators or Directors

………………………………………………

……………………………………………… 5. Objectives of the company or firm: publishing, manufacturing,

………………………………………………recording, distribution, export, import or cover printing

………………………………………………

6. Share capital ………………………………………………

………………………………………………

7. Amendments to the articles of association ………………………………………………

………………………………………………

8. Notes ………………………………………………

………………………………………………

Price — MT 4,000.00

NATIONAL PRESS OF MOZAMBIQUE

Ministerial Decree No. 8/2003 of January 15, 2003, laying down Rules for the Operation and Feasibility of the Regulations on the Compulsory Affixing of Seals to Phonograms, Mozambique

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