CC and GK: experiments with copyright
Crimes in the field of intellectual property can be equated to grave. The State Duma today is considering in its first reading amendments to the Criminal Code, which toughen liability for infringement of copyright and related rights, as well as the rights of trademark owners. According to Vedomosti , the term of imprisonment for such crimes is expected to increase from 5 to 6 years, and fines for the use of foreign trademarks - from 300,000 rubles. up to 500,000. The authors of the bill clarify: the amendments concern only large-scale crimes - in the amount of more than 250,000 rubles.
However, the number of pirates and cybersquatters on the Internet will only increase in 2008. This forecast was given by experts in the field of copyright at the seminar "The Future of the Russian Internet after the entry into force of the new part of the civil code on intellectual property," reports Delovoy Peterburg . Recall that the 4th part of the Civil Code also prescribes stricter liability for copyright infringement. But, analysts suggest, in fact, this will only lead to a reduction in the number of large Internet projects.
“Even the slightest mistake by site owners, such as publishing a picture without the written permission of its author, will be considered an offense,” said Konstantin Leontyev, an associate professor at the Copyright Department of the Russian State Institute of Intellectual Property . “When it comes to investing millions of dollars in a project, no one needs such problems.”
')
“To publish a journalistic article, the site owner will need to conclude an agreement with the author, and in writing,” commented the provisions of the fourth part of the Civil Code, general director of the Russian Authors' Society KOPIRUS Vasily Terletsky In his opinion, it will be impossible to conclude all contracts prescribed by law. "Thus, almost every owner of an information site automatically falls into the perpetrators."
Anton Sergo, president of the law and law firm “Internet and Law” , indicated that the mentioned part of the Civil Code does not take into account the interests of owners of electronic libraries. Even the legal concept of "electronic library" does not exist. “Talking about the rights to the content of these sites, you come across many sharp corners. In fact, all owners of such sites are recognized as copyright infringers, ”the expert warns.
He also added that the new norm, introducing the priority of a domain name, a previously registered trademark, provokes financial relations at the level of blackmail and prepares the ground for the reproduction of cybersquatters. “Nosy and well-savvy legal entities will be able to earn good money: first register the domain name for themselves, and then sell it to the interested company for a tidy sum,” said Sergo. He recalled that to register a trademark you need to issue a solid package of documents and pay a considerable fee, whereas domain registration takes only a few seconds and costs only 600 rubles.
However, the number of pirates and cybersquatters on the Internet will only increase in 2008. This forecast was given by experts in the field of copyright at the seminar "The Future of the Russian Internet after the entry into force of the new part of the civil code on intellectual property," reports Delovoy Peterburg . Recall that the 4th part of the Civil Code also prescribes stricter liability for copyright infringement. But, analysts suggest, in fact, this will only lead to a reduction in the number of large Internet projects.
“Even the slightest mistake by site owners, such as publishing a picture without the written permission of its author, will be considered an offense,” said Konstantin Leontyev, an associate professor at the Copyright Department of the Russian State Institute of Intellectual Property . “When it comes to investing millions of dollars in a project, no one needs such problems.”
')
“To publish a journalistic article, the site owner will need to conclude an agreement with the author, and in writing,” commented the provisions of the fourth part of the Civil Code, general director of the Russian Authors' Society KOPIRUS Vasily Terletsky In his opinion, it will be impossible to conclude all contracts prescribed by law. "Thus, almost every owner of an information site automatically falls into the perpetrators."
Anton Sergo, president of the law and law firm “Internet and Law” , indicated that the mentioned part of the Civil Code does not take into account the interests of owners of electronic libraries. Even the legal concept of "electronic library" does not exist. “Talking about the rights to the content of these sites, you come across many sharp corners. In fact, all owners of such sites are recognized as copyright infringers, ”the expert warns.
He also added that the new norm, introducing the priority of a domain name, a previously registered trademark, provokes financial relations at the level of blackmail and prepares the ground for the reproduction of cybersquatters. “Nosy and well-savvy legal entities will be able to earn good money: first register the domain name for themselves, and then sell it to the interested company for a tidy sum,” said Sergo. He recalled that to register a trademark you need to issue a solid package of documents and pay a considerable fee, whereas domain registration takes only a few seconds and costs only 600 rubles.
Source: https://habr.com/ru/post/4874/
All Articles