Intellectual property ceases to be the lifetime possession of its creator.
In 2008, there will be a small revolution in the field of copyright protection in Russia. In action will take one of the chapters of the Civil Code, combining the laws that previously existed in this area. In addition, norms have emerged that will complicate the lives of the "pirates", and the relationship between the authors and customers of the works will make it clearer. How the law will work in practice is not yet clear.
The new fourth of the Civil Code of the Russian Federation, numbering 400 pages, was prepared for more than one year. The version of this document submitted to the State Duma in July 2006 was already the fourth development. The bill has passed the international examination and has been studied by experts from Germany, Austria, Canada and the United States. In general, experts estimate it positively. The document will streamline legislation in the intellectual sphere and bring it into line with international standards.
The need for the earliest adoption of this part of the Civil Code was largely due to Russia's desire to join the WTO. One of the conditions for this entry is the signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which, in turn, should not contradict the national legislation of the country.
Right of way
')
The new part of the Civil Code has united almost all the laws currently in force that regulate the traditional rights to intellectual property. These are, for example, the Patent Law, the laws “On Copyright and Related Rights”, “On Trademarks, Service Marks and Appellations of Origin of Goods” and others. However, there were some completely new standards. Now, the right to know-how (secrets of production) and company name, which have not yet had a single regulation, are taken under protection. The law also describes the concept of the author’s exclusive right to the result of intellectual activity and the right of the publisher. There are innovations such as state accreditation of collective rights managers and protection of the exclusive rights of database manufacturers.
The developers believe that the emergence of the 4th part of the code will make life easier for entrepreneurs and lawyers and will eliminate the contradictions that exist in different laws and regulations. However, many experts express doubts. At least, to begin with, you will have to change the judicial and administrative practice that has taken shape in the field of copyright. And this always leads to disorganization of the judicial system and the adoption of opposite decisions on similar cases.
Moreover, problems can arise not only in the event of conflicts, but also in everyday work. Mainly for the creators of all sorts of works. For example, the so-called copyright alienation has now become possible. That is, by entering into a relevant agreement, the author loses his rights in full and forever. Previously, such an approach did not allow legislation: the documents needed to prescribe specific types of rights, terms, territory of use, and now all these requirements are reserved only for “licensing agreements”. Of course, many authors may be willing to sell their rights, but people “with the name” will most likely require special conditions for themselves.
Special legal regulation of the use of intellectual property results in a complex object (meaning movies, television programs, collections of works) can also cause difficulties. The rights of the authors of such an object are strongly limited. This was done mainly so that some people could not paralyze the work of a large team by any legal actions. But there is another side to this - it will be extremely difficult for one of the authors to prove his case in certain issues.
Serious crime
However, those who use copyrighted works, there are new difficulties. For example, previously, by default, it was possible to use any published material, if there was no prohibition by the copyright holder. Now you have to get written permission. And it is not easy. And this number of contracts, according to lawyers, is simply unrealistic to conclude. As a result, not only the owners of information sites, but even ordinary people using the Internet can become violators.
In general, almost any online resource can now get into a difficult situation. For example, it is not clear how the issue of the legal use of a multimedia product when creating a website will be resolved. If you follow the letter of the law, you need to create everything from scratch every time. And almost no one does. Or you need to get all written permission from all copyright holders - authors of design and software, Internet technologies, color gamut. Copy already created - it means violating someone's copyright.
Although, in general, a general approach will be applied on the Internet: there are exclusive rights, and the work can be used only with the direct consent of the holders of such rights. Moreover, the Civil Code preserves the provision of the current law “On Copyright”, which states that the use of a work without the consent of the author is allowed, but “with the obligatory indication of the name of the author and the source” and when citing with a justified purpose. You can also use already legally published works in different editions and programs. This will facilitate the work of many publications and other resources, but, on the other hand, such use of works may be interpreted differently in practice, and disputes will still arise. In addition, the law did not spell out the activities of so-called digital libraries. Their work has not been settled before. Now it may happen that the owners of all such sites will become copyright infringers.
Also, experts believe that the new part of the Civil Code will create problems in the domain name sphere and their seizures may become more frequent. Indeed, when adopting the law, domain names were excluded from copyright. Buying domains that correspond to the names of well-known companies (this dubious method of making money is called cybersquatting), and creating dummy websites for them has long been a very profitable business. If a cybersquatter, for example, registers the domain of a foreign company, it will either have to pay a substantial ransom, or accept the fact that, for example, a porn site can appear under its name. We can recall one of the most high-profile processes - the Kodak.ru case. The site with the same name belonged to an entrepreneur - the owner of a company working in the field of photo business. The litigation lasted for several years. Now, finally, the domain Kodak.ru belongs to the Eastman Kodak Company.
By the way, together with the draft Civil Code, the deputies approved the draft law “On Amendments to Articles 146 and 180 of the Criminal Code of the Russian Federation”, which provides for tougher penalties for copyright infringement and distribution of counterfeit products. The level of maximum responsibility for this is proposed to increase from 5 to 6 years of imprisonment (plus a fine of 500 thousand rubles), which will translate intellectual crimes from the category of moderate severity of the Criminal Code into serious ones. Moreover, it was suggested that the same punishment should follow not only copyright infringement, but also unlawful use of a trademark, service mark and appellation of origin - that is, distribution of counterfeit products. Now the maximum term for these crimes is 5 years, but more often a fine is charged - from 100 thousand to 500 thousand rubles.
__________________________________
Source: ruscourier.ru
The author: Anna Petrova
The new fourth of the Civil Code of the Russian Federation, numbering 400 pages, was prepared for more than one year. The version of this document submitted to the State Duma in July 2006 was already the fourth development. The bill has passed the international examination and has been studied by experts from Germany, Austria, Canada and the United States. In general, experts estimate it positively. The document will streamline legislation in the intellectual sphere and bring it into line with international standards.
The need for the earliest adoption of this part of the Civil Code was largely due to Russia's desire to join the WTO. One of the conditions for this entry is the signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which, in turn, should not contradict the national legislation of the country.
Right of way
')
The new part of the Civil Code has united almost all the laws currently in force that regulate the traditional rights to intellectual property. These are, for example, the Patent Law, the laws “On Copyright and Related Rights”, “On Trademarks, Service Marks and Appellations of Origin of Goods” and others. However, there were some completely new standards. Now, the right to know-how (secrets of production) and company name, which have not yet had a single regulation, are taken under protection. The law also describes the concept of the author’s exclusive right to the result of intellectual activity and the right of the publisher. There are innovations such as state accreditation of collective rights managers and protection of the exclusive rights of database manufacturers.
The developers believe that the emergence of the 4th part of the code will make life easier for entrepreneurs and lawyers and will eliminate the contradictions that exist in different laws and regulations. However, many experts express doubts. At least, to begin with, you will have to change the judicial and administrative practice that has taken shape in the field of copyright. And this always leads to disorganization of the judicial system and the adoption of opposite decisions on similar cases.
Moreover, problems can arise not only in the event of conflicts, but also in everyday work. Mainly for the creators of all sorts of works. For example, the so-called copyright alienation has now become possible. That is, by entering into a relevant agreement, the author loses his rights in full and forever. Previously, such an approach did not allow legislation: the documents needed to prescribe specific types of rights, terms, territory of use, and now all these requirements are reserved only for “licensing agreements”. Of course, many authors may be willing to sell their rights, but people “with the name” will most likely require special conditions for themselves.
Special legal regulation of the use of intellectual property results in a complex object (meaning movies, television programs, collections of works) can also cause difficulties. The rights of the authors of such an object are strongly limited. This was done mainly so that some people could not paralyze the work of a large team by any legal actions. But there is another side to this - it will be extremely difficult for one of the authors to prove his case in certain issues.
Serious crime
However, those who use copyrighted works, there are new difficulties. For example, previously, by default, it was possible to use any published material, if there was no prohibition by the copyright holder. Now you have to get written permission. And it is not easy. And this number of contracts, according to lawyers, is simply unrealistic to conclude. As a result, not only the owners of information sites, but even ordinary people using the Internet can become violators.
In general, almost any online resource can now get into a difficult situation. For example, it is not clear how the issue of the legal use of a multimedia product when creating a website will be resolved. If you follow the letter of the law, you need to create everything from scratch every time. And almost no one does. Or you need to get all written permission from all copyright holders - authors of design and software, Internet technologies, color gamut. Copy already created - it means violating someone's copyright.
Although, in general, a general approach will be applied on the Internet: there are exclusive rights, and the work can be used only with the direct consent of the holders of such rights. Moreover, the Civil Code preserves the provision of the current law “On Copyright”, which states that the use of a work without the consent of the author is allowed, but “with the obligatory indication of the name of the author and the source” and when citing with a justified purpose. You can also use already legally published works in different editions and programs. This will facilitate the work of many publications and other resources, but, on the other hand, such use of works may be interpreted differently in practice, and disputes will still arise. In addition, the law did not spell out the activities of so-called digital libraries. Their work has not been settled before. Now it may happen that the owners of all such sites will become copyright infringers.
Also, experts believe that the new part of the Civil Code will create problems in the domain name sphere and their seizures may become more frequent. Indeed, when adopting the law, domain names were excluded from copyright. Buying domains that correspond to the names of well-known companies (this dubious method of making money is called cybersquatting), and creating dummy websites for them has long been a very profitable business. If a cybersquatter, for example, registers the domain of a foreign company, it will either have to pay a substantial ransom, or accept the fact that, for example, a porn site can appear under its name. We can recall one of the most high-profile processes - the Kodak.ru case. The site with the same name belonged to an entrepreneur - the owner of a company working in the field of photo business. The litigation lasted for several years. Now, finally, the domain Kodak.ru belongs to the Eastman Kodak Company.
By the way, together with the draft Civil Code, the deputies approved the draft law “On Amendments to Articles 146 and 180 of the Criminal Code of the Russian Federation”, which provides for tougher penalties for copyright infringement and distribution of counterfeit products. The level of maximum responsibility for this is proposed to increase from 5 to 6 years of imprisonment (plus a fine of 500 thousand rubles), which will translate intellectual crimes from the category of moderate severity of the Criminal Code into serious ones. Moreover, it was suggested that the same punishment should follow not only copyright infringement, but also unlawful use of a trademark, service mark and appellation of origin - that is, distribution of counterfeit products. Now the maximum term for these crimes is 5 years, but more often a fine is charged - from 100 thousand to 500 thousand rubles.
__________________________________
Source: ruscourier.ru
The author: Anna Petrova
Source: https://habr.com/ru/post/17400/
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