Internet providers will appear in the Civil Code of the Russian Federation

The Council for the Codification and Improvement of Civil Legislation under the President of the Russian Federation has prepared a draft amendment to the Civil Code . Article 1253 in section VII of the new Civil Code is called “Features of the responsibility of the person carrying out actions to transfer material on the Internet or to place material on this network (Internet provider)”.

This article specifies the conditions under which the provider (hosting provider, owner of a social network, a collective blog, ISP, etc.) can be relieved of responsibility for piracy by its users.

Article 1253 '. Features of the responsibility of the person carrying out actions on the transfer of material on the Internet or on the placement of material on this network (Internet service provider).

1. An Internet provider who transfers material on the Internet is not responsible for intellectual property infringements resulting from such transfer, subject to the following conditions:
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1) the Internet provider does not change the specified material after its receipt, with the exception of changes made to ensure the technological process of transfer of material;

2) The Internet provider did not know and should not have known that the use of a relevant intellectual result or means of individualization by the person who initiated the transfer of material containing such result or means of individualization is illegal.

2. An Internet provider that provides services for placing materials on the Internet is not responsible for intellectual property infringements resulting from the placement of material on the Internet by the customer or on his instructions, subject to the following conditions:

1) the Internet provider did not know and should not have known that the use of the relevant result of intellectual activity or the means of individualization contained in such material is illegal;

2) In case of receiving a written statement from a third party about infringement of intellectual property rights as a result of posting such material on the Internet, the Internet provider took timely measures to eliminate the consequences of the violation of intellectual rights stipulated by the federal law on Internet providers.

Thus, the provider is discharged if he did not change the material being placed and could not know that it is counterfeit. But if the provider rendered services to the customer in placing materials, then in case of receiving a statement on counterfeit, he will be obliged to take timely measures to eliminate it.