The controversial IV part of the Civil Code corrected, but adopted
The fourth - “intellectual” - part of the Civil Code was adopted today by the State Duma deputies in the second reading. The law, which will enter into force on January 1, 2008, substantially tightens legal norms in the relations of authorship. The original version of the code, and it turned out to be very controversial from the point of view of many observers, the deputies made more than 500 amendments, rejecting about 300, RIA Novosti reports.
Part IV of the Civil Code has been prepared for more than 10 years, its provisions touch on fundamental issues in the areas of copyright, trademarks, legal protection of computer programs, patents, etc ... By adopting a new (four hundred pages) part of the code, the state is thinking of putting the order in and order intellectual property, which are still in chaos, being scattered in different documents.
In particular, Part IV of the Civil Code systematizes six basic current laws on copyright. It takes into account the objects of law that have not yet received regulation - such as know-how and commercial designations, for example. An amendment that excludes domain names from objects of copyright also seems significant. Thus, the observers' fears happily disappeared - Russia will not be the only country in the world where the registration and protection of domains is regulated by law, and not by private-law relations.
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In addition, the bill introduces for the first time a complete list of types and objects of intellectual property. In this case, the authors are understood not only as creators of literature, science and art, but also those who discovered inventions, industrial designs and models, brand names, computer programs, databases, etc. The author is entitled to an exclusive right to a work (during his whole life and 70 years after his death) with the possibility of transferring the right to other persons only on the basis of an agreement, reports Rosbalt .
In addition, the bill establishes penalties for "gross violation of exclusive rights." Among them is the confiscation of equipment, devices and materials from the violator, as well as the liquidation of the legal entity-violator (or termination of registration as an individual entrepreneur of the violating citizen).
Part IV of the Civil Code has been prepared for more than 10 years, its provisions touch on fundamental issues in the areas of copyright, trademarks, legal protection of computer programs, patents, etc ... By adopting a new (four hundred pages) part of the code, the state is thinking of putting the order in and order intellectual property, which are still in chaos, being scattered in different documents.
In particular, Part IV of the Civil Code systematizes six basic current laws on copyright. It takes into account the objects of law that have not yet received regulation - such as know-how and commercial designations, for example. An amendment that excludes domain names from objects of copyright also seems significant. Thus, the observers' fears happily disappeared - Russia will not be the only country in the world where the registration and protection of domains is regulated by law, and not by private-law relations.
')
In addition, the bill introduces for the first time a complete list of types and objects of intellectual property. In this case, the authors are understood not only as creators of literature, science and art, but also those who discovered inventions, industrial designs and models, brand names, computer programs, databases, etc. The author is entitled to an exclusive right to a work (during his whole life and 70 years after his death) with the possibility of transferring the right to other persons only on the basis of an agreement, reports Rosbalt .
In addition, the bill establishes penalties for "gross violation of exclusive rights." Among them is the confiscation of equipment, devices and materials from the violator, as well as the liquidation of the legal entity-violator (or termination of registration as an individual entrepreneur of the violating citizen).
Source: https://habr.com/ru/post/4669/
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