Civil Code can make pirates and cybersquatters happy
President Putin submitted to the Duma part IV of the Civil Code (GC), which can become the main document governing relations in the field of intellectual property. After reading the text, the right holders and lawyers were horrified: the document does not meet international standards and negates the already established practice, the newspaper Vedomosti reports.
Meanwhile, the fourth head of the Civil Code, according to the first deputy chairman of the government, Dmitry Medvedev, has been discussed for more than 10 years; The chapter deals with major issues of copyright, trademarks, legal protection of computer programs, patents, etc. Understanding the importance of the document, the public was outraged only by the fact of its preparation without the knowledge of market participants. However, it was most surprised by some of the particulars contained in it, which run counter to international law.
The Association of Computer and Information Technology Enterprises (APKIT) pointed out that Part IV of the Civil Code will make the fight against piracy impossible - it will cause great difficulties for judges and law enforcement officers, which will not slow down the attackers. Konstantin Zemchenkov from the Russian anti-piracy organization connects this with the fact that the courts, the prosecutor's office and the police will only get used to the new norms for a year or two.
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In addition, if the abolition of the six copyright laws occurs, article 1301 of the Civil Code will remain the only governing rule. “The basis for the application of the relevant articles of the Criminal Code and the Code of Administrative Offenses is being lost,” says Andrei Minkov, a lawyer at Baker & McKenzie . For example, article 146 of the Criminal Code on copyright infringement arises from copyright law, but with its abolition it “hangs in the air.” Moreover, according to experts, the criminal liability for piracy will actually be abolished, at least - the attraction to it will be much more difficult.
Large horizons IV part of the Civil Code opens cybersquatters - the domain in it is declared a full-fledged object of intellectual property. “Cybersquatters who have registered the domain of a foreign company may prevent it from entering the Russian market - it will not be able to register a trademark for itself,” explains Denis Khabarov, Baker & McKenzie. “Russia, if part IV of the Civil Code is adopted, will become the only country in the world where the registration and protection of domains will be regulated by state legislation, and not by private law relations.”
“Primary should be the trademark, and the domain should be secondary,” argues Sergey Sharikov, president of the RegTime domain registrar. “Now trademark owners can argue with a cybersquatter domain with their name in court, and the new rule will make it more difficult.” In his opinion, users will simply cease to register names in the ru zone, going to others.
Meanwhile, the fourth head of the Civil Code, according to the first deputy chairman of the government, Dmitry Medvedev, has been discussed for more than 10 years; The chapter deals with major issues of copyright, trademarks, legal protection of computer programs, patents, etc. Understanding the importance of the document, the public was outraged only by the fact of its preparation without the knowledge of market participants. However, it was most surprised by some of the particulars contained in it, which run counter to international law.
The Association of Computer and Information Technology Enterprises (APKIT) pointed out that Part IV of the Civil Code will make the fight against piracy impossible - it will cause great difficulties for judges and law enforcement officers, which will not slow down the attackers. Konstantin Zemchenkov from the Russian anti-piracy organization connects this with the fact that the courts, the prosecutor's office and the police will only get used to the new norms for a year or two.
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In addition, if the abolition of the six copyright laws occurs, article 1301 of the Civil Code will remain the only governing rule. “The basis for the application of the relevant articles of the Criminal Code and the Code of Administrative Offenses is being lost,” says Andrei Minkov, a lawyer at Baker & McKenzie . For example, article 146 of the Criminal Code on copyright infringement arises from copyright law, but with its abolition it “hangs in the air.” Moreover, according to experts, the criminal liability for piracy will actually be abolished, at least - the attraction to it will be much more difficult.
Large horizons IV part of the Civil Code opens cybersquatters - the domain in it is declared a full-fledged object of intellectual property. “Cybersquatters who have registered the domain of a foreign company may prevent it from entering the Russian market - it will not be able to register a trademark for itself,” explains Denis Khabarov, Baker & McKenzie. “Russia, if part IV of the Civil Code is adopted, will become the only country in the world where the registration and protection of domains will be regulated by state legislation, and not by private law relations.”
“Primary should be the trademark, and the domain should be secondary,” argues Sergey Sharikov, president of the RegTime domain registrar. “Now trademark owners can argue with a cybersquatter domain with their name in court, and the new rule will make it more difficult.” In his opinion, users will simply cease to register names in the ru zone, going to others.
Source: https://habr.com/ru/post/4193/
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