Pirates will not disappear after Russia's accession to the WTO
One of the main conditions for Russia's accession to the World Trade Organization (WTO) is the implementation and implementation of effective protection of copyright and related rights. The story of the Russian site AllofMP3.com , which provides services for the sale of music, according to the United States, is an example of the wrong policy of Russia in this direction. The giants of the music recording industry, losing tens of millions of dollars, are demanding that the Russian government take measures to protect its interests and close the pirates. To the surprise of the “civilized” world, Russia is not in a hurry to close the site, and the owners themselves claim that their actions do not violate Russian legislation.
The question hung in the air, and it seemed that these events for a few more years pushed Russia away from the realization of the dream of entering the WTO. But on November 19 the ice was broken: Russian negotiators were able to sign a bilateral agreement with the United States, the absence of which was the only serious obstacle on the way to the world trading club. Now, according to German Gref, Russia will join the WTO in 2007, reports Rossiyskaya Gazeta .
Now the owners of intellectual property rights are in anticipation of major changes. Part IV of the Civil Code of Russia and the Russian-American agreement on the protection of intellectual property should, in theory, protect them from pirates. However, not all so simple.
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Russia's anti-piracy obligations to join the WTO are spelled out in common phrases, the Kommersant newspaper states . For example, Russia must "regularly" conduct inspections in factories producing CDs and DVDs, or "strengthen the border fight against piracy." But it does not explain exactly how this should be done. The document contains only two more or less specific anti-piracy measures. The first concerns the factories for the production of optical disks: Russia undertakes to stop leasing space to them at sensitive enterprises, where access to inspection bodies is limited. Now about 10 such factories out of 50 existing in our country work under this scheme. “This measure is a fiction,” said Vadim Uskov, head of Uskov and Partners law firm. - Only the strictest state control over imported raw materials can affect industrial pirates. All these plants use two imported polycarbonate brands in production. ” The second measure says that by June 1, 2007, Russia should ban unscrupulous societies on the so-called collective management of authors' rights. Because of the hole in the legislation, they can issue “licenses” for MP3-tracks of artists with whom they do not associate any contracts. This is what sites like Allofmp3.com are actively using - its US authorities call it “the main pirate site of Russia”. However, the head of the Russian branch of the International Federation of Phonogram Producers Igor Pozhitkov says that even now laws make it possible to successfully deal with Internet pirates: “No one just wants to take and deal with crooks - it's hard to say why.” Mr. Uskov clarifies: “This is not beneficial to the militiamen who“ cover ”pirates. At the negotiations on accession to the WTO, we were threatened with a finger, and we pretended that we would effectively deal with pirates. ”
No agreements with the United States on the protection of intellectual property for domestic audio and video pirates will not be a problem. An experienced manufacturer of counterfeit disks, selling its goods in the Gorbushkin Dvor shopping center, confessed to Gazeta on the condition of anonymity. “This summer, an American commission dealing with intellectual property issues came to Moscow. One day before the arrival, the inspecting half of the trays at Gorbushka were closed: the signal went from the administration of the complex, it is also unprofitable for her to have problems with the authorities, ”the Gazeta source said. On the same day, when the Americans left, all the tents with the "pirate" began to work again. “This is not the administration’s fault - it constantly closes outlets selling illegal goods, but there are too many sellers. Today we terminated the lease agreement with us, and tomorrow we will remove another stall - the owners have long been reconciled with this, ”the pirate frankly says. In addition, the criminal business always has a "roof" from the authorities. The interlocutor of "Gazeta" hints at the Moscow City Duma deputies, who will always find a way to protect their wards from checking federal officials. He admits that there is only one way to defeat counterfeit dealers - to introduce criminal liability, and not for production, but for distribution. "Everything else is a meaningless shaking of air."
The question hung in the air, and it seemed that these events for a few more years pushed Russia away from the realization of the dream of entering the WTO. But on November 19 the ice was broken: Russian negotiators were able to sign a bilateral agreement with the United States, the absence of which was the only serious obstacle on the way to the world trading club. Now, according to German Gref, Russia will join the WTO in 2007, reports Rossiyskaya Gazeta .
Now the owners of intellectual property rights are in anticipation of major changes. Part IV of the Civil Code of Russia and the Russian-American agreement on the protection of intellectual property should, in theory, protect them from pirates. However, not all so simple.
')
Russia's anti-piracy obligations to join the WTO are spelled out in common phrases, the Kommersant newspaper states . For example, Russia must "regularly" conduct inspections in factories producing CDs and DVDs, or "strengthen the border fight against piracy." But it does not explain exactly how this should be done. The document contains only two more or less specific anti-piracy measures. The first concerns the factories for the production of optical disks: Russia undertakes to stop leasing space to them at sensitive enterprises, where access to inspection bodies is limited. Now about 10 such factories out of 50 existing in our country work under this scheme. “This measure is a fiction,” said Vadim Uskov, head of Uskov and Partners law firm. - Only the strictest state control over imported raw materials can affect industrial pirates. All these plants use two imported polycarbonate brands in production. ” The second measure says that by June 1, 2007, Russia should ban unscrupulous societies on the so-called collective management of authors' rights. Because of the hole in the legislation, they can issue “licenses” for MP3-tracks of artists with whom they do not associate any contracts. This is what sites like Allofmp3.com are actively using - its US authorities call it “the main pirate site of Russia”. However, the head of the Russian branch of the International Federation of Phonogram Producers Igor Pozhitkov says that even now laws make it possible to successfully deal with Internet pirates: “No one just wants to take and deal with crooks - it's hard to say why.” Mr. Uskov clarifies: “This is not beneficial to the militiamen who“ cover ”pirates. At the negotiations on accession to the WTO, we were threatened with a finger, and we pretended that we would effectively deal with pirates. ”
No agreements with the United States on the protection of intellectual property for domestic audio and video pirates will not be a problem. An experienced manufacturer of counterfeit disks, selling its goods in the Gorbushkin Dvor shopping center, confessed to Gazeta on the condition of anonymity. “This summer, an American commission dealing with intellectual property issues came to Moscow. One day before the arrival, the inspecting half of the trays at Gorbushka were closed: the signal went from the administration of the complex, it is also unprofitable for her to have problems with the authorities, ”the Gazeta source said. On the same day, when the Americans left, all the tents with the "pirate" began to work again. “This is not the administration’s fault - it constantly closes outlets selling illegal goods, but there are too many sellers. Today we terminated the lease agreement with us, and tomorrow we will remove another stall - the owners have long been reconciled with this, ”the pirate frankly says. In addition, the criminal business always has a "roof" from the authorities. The interlocutor of "Gazeta" hints at the Moscow City Duma deputies, who will always find a way to protect their wards from checking federal officials. He admits that there is only one way to defeat counterfeit dealers - to introduce criminal liability, and not for production, but for distribution. "Everything else is a meaningless shaking of air."
Source: https://habr.com/ru/post/4703/
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