Review of TRIPS Implementing Legislation - Search

Reset
 
 

Article 63.2 of the TRIPS Agreement requires Members to notify the laws and regulations made effective by that Member pertaining to the subject matter of the Agreement to the Council for TRIPS in order to assist the Council in its review of the operation of the Agreement.

This page allows you to search Members' questions and answers on notified laws and regulations. You can consult search results on screen, download and print them in Excel format. You can also download individual documents.

* You do NOT have to select all the search fields below (only fill the search fields that are relevant to your query).
* Please note that selected search criteria are cumulative and will all be reflected in your search results.


Page 16 of 677   |   Number of documents : 13533

Document symbol Notifying Member Member raising question Question Answer Date of document distribution  
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation Switzerland 14. Please describe any new initiatives that are planned to improve the enforcement of intellectual property rights in the Russian Federation. Is there a particular action plan in place?
There is no particular action plan on intellectual property rights enforcement in the Russian Federation. Every competent body has a goal to promote end increase the protection of IPR. However, some initiatives have recently been realized. First of all, the creation in March 2013 of the Intellectual Property Arbitration Court. The second initiative is the fight against internet piracy. The first step was done in July with the adoption of Federal Law No. 187-ФЗ. The new "Antipiracy Law" introduces the principle of liability of internet service providers, mechanisms for blockage of illegal content by a court decision. For the moment, the scope of the Law is limited to films, but different amendments concerning the extension of scope of protection are in the stage of public discussions.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 1. Article 1232 (IP/N/1/RUS/O/2 at 359): We are concerned that this may impose a formality. Do rightsholders have to register alienations of exclusive rights? Would a foreign author who sells or assigns a right have to register such sale/assignment in Russia?
According to Article 1232 of the Civil Code of the Russian Federation (hereinafter – CC RF) in cases when the result of intellectual activity or means of individualization is subject to state registration, alienation of the exclusive right to such result or such means by contract, pledge of this right, and grant of the right of use of such result or such means by contract, and likewise also the transfer of the exclusive right to such result or such means without a contract are subject to state registration. Exclusive rights to such objects of intellectual property as inventions, utility models, industrial designs, trademarks and service marks (hereinafter – trademarks) shall be recognized on the condition of their state registration. Regarding computer programs, databasesand topology of integrated circuits state registration is conducted at the option of the rightholder. Thus currently in the Russian Federation subjects to state registration are contracts for the alienation of the exclusive right to an invention, utility model, industrial design, computer program, database, topology of integrated circuit and contracts for grant of the right of use (including license contracts and franchise) and contract for the pledge of an exclusive right to invention, utility model, industrial design, trademark, topology of integrated circuit. Order and terms of state registration of the four abovementioned types of juridical facts are established by the Government of the Russian Federation. In regard to objects of copyrights and related rights which do not need to make state registration, it is stipulated in Article 1259 of the Civil Code of the Russian Federation.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 2. Article 1234 (IP/N/1/RUS/O/2 at 360-361): We have two concerns here. 1) Paragraph 1 seems to require a complete transfer of all the rights as the only type of exclusive license that an author can give. Can an author provide an exclusive license limited to only one right (i.e., reproduction) and maintain ownership of the other exclusive rights? 2) Paragraph 2 appears to impose a formality (see the term "subject to state registration."). Do rightsholders have to register the contract of alienation of exclusive rights? Would a foreign author who sells or assigns a right have to register such sale/assignment in Russia?
Article 1233 of the Civil Code of the Russian Federation provides two kinds of contract on the disposal of an exclusive right by rightholder: Contract for the Alienation of an Exclusive Right (Civil Code of the Russian Federation, Article 1234) and License Contract (License Contract, Article 1235). License Contract provided in Article 1234 of the Civil Code of the Russian Federation Contract for the Alienation of an Exclusive Right provide author's (rightholder's) possibility to transfer (alienate) the exclusive right belonging to him to a result of intellectual activity or a means of individualization in full scope to the other party (the recipient) that means absence of the copyright to use transmitted the result of intellectual activity in any way subsequently. By a contract for the alienation this right shall pass to the recipient acquiring the result of intellectual activity. In Article 1235 of the Civil Code of the Russian Federation stipulates that a license contract (on submitting of an exclusive license or nonexclusive license). Such kind of contract is widely used in all countries as the rightholder's method of disposal of exclusive rights whereby the licensor (rightholder) saves the exclusive right to a result of intellectual activity and the licensee may use the specific result of intellectual activity in stipulated ways on certain territory by certain terms. Conclusion of License Contract shall entail a transition of the exclusive right to the licensee. In case the author (rightholder) concludes a contract about alienation of the exclusive right to the result of intellectual activity or to the means of individualization with whom provide a procedure of state registration, than this contract also needs to state registration. Mandatory state registration are required only in the Patent Rights Object (CC RF, Chapter 72), Achievements of Breeding (CC RF, Chapter 73), Means of Individualization (CC RF, Chapter 76). According contracts about alienation of the exclusive right to the indicated result of intellectual activity shall be subject to state registration also (paragraph 2 of Article 1232 of the CC RF). Contracts about alienation of the exclusive rights to copyright or related right are not subject of state registration.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 3. Article 1235 (2) (IP/N/1/RUS/O/2 at 361-362): We are concerned that this may impose a formality. Do rightsholders have to register license contracts? Would a foreign author who enters a license contract have to register the license contract in Russia?
If authors (rightholders) conclude License Contracts about granting right to use the result of intellectual activity which needs to state registration, this contract also needs to state registration. Currently subjects of state registration are license contracts for the rights of use of an invention, utility model, industrial design, trademark, and topology of integrated circuit (paragraph 2 of Article 1232 CCRF). That being said, it is worth noting that there is a pending project of Federal Law No. 47538-6 under consideration by the State Duma of the Federal Assembly « Introducing Amendments to the First, Second, Third and the Fourth Parts of the Civil Code of the Russian Federation and ndividual legislative acts of the Russian Federation», developed by the Presidential Council of the Russian Federation on codification and improvement of civil legislation (hereinafter – CC RF Project) CC RF Project suggests radical changes to state registration of contracts for the disposition of the exclusive right to objects of intellectual property. In developing the CC RF Project, provisions of the Singapore Treaty on the Law of Trademarks ratified by Federal Law No.98-FZ d.d. 23.05.2009 «On Ratification of the Singapore Treaty on the Law of Trademarks» were considered. According to CC RF Project state registration of the grant of the right of use of an invention, utility model, industrial design, computer program, topology of integrated circuit, and trademark by a license contract can be conducted on the request of the parties without providing the contract itself.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 4. Article 1240 (IP/N/1/RUS/O/2 at 363): We are concerned that this provision could nullify negotiated terms by authors of underlying works. For example, if a musical composition is used in a movie – either a pre-existing recording or one created for the movie – the author of the composition often maintains some rights, such as the right of public performance. Can a composer's contract require that a film incorporating her music only be shown in theaters/transmitted by broadcasters that are licensed to publicly perform musical compositions or would 1240(2) nullify such a contract?
A film (audiovisual work) is an independent complex object of author rights (Civil Code of the Russian Federation, Article 1259). According to paragraph 1 of Article 1240 of the CC RF a person who has organized the creation of a complex object including several protected results of intellectual activity (e.g. the film) shall obtain the right of use of these films on the basis of contracts (for the alienation of the exclusive right or license contracts) concluded with the rightholders on the respective results of intellectual activity, which had been used in the process of creation of the film. Herewith License Contract about granting right to use (e.g. a music in the film) recognized be invalid in case if such contract contains limiting to use music in the film. Specified positions of the Civil Code of the Russian Federation correspond to positions of subparagraph (b) of paragraph 2 of Article 14 bis of the Berne Convention for the Protection of Literary and Artistic Works from 9th September 1886 (farther Berne Convention) which establishes that in the countries of Berne Union where legislation recognize authors as primary possessor of copyrights about author's cinematographic work who brought creative contribution in creation of this work; if they pledged to bring creative contribution in creation of cinematographic work and they have not some restrictive or special conditions, these authors may not prevent to use cinematographic work for reproduction, spreading, public presentation and performance, report along wires for general information, broadcast on the air or another public report the work, and also forbid a subtitling and a duplication text of cinematographic work. Thereby author of music may conclude with a person who has organized the creation of a complex object License Contract about the use of his musical work in complex object, e.g. in the film, or contract for the alienation the exclusive right by created musical work. In case when concluding License Contract with author of musical work are used in the film, author of music grant to producer of film right to use his musical work in the film in all methods of use the film including public performance (in case of use in cinema, for example), communication over the air or by the cable. Moreover in accordance with paragraph 5 of Article 1263 of the CC RF composer shall keep the exclusive right to his work and may use his work in any method not prohibited by law, if he hadn't transfer exclusive right to his work to the preparer in full. The procedure of Conclusion a Contract for the alienation the exclusive rights of the musical work is use when a musical work is created spatially for being included in audiovisual work.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 5. Article 1245 (IP/N/1/RUS/O/2 at 367): Please clarify what rightholders are covered by authors, performers and manufacturers in the sound recording context. Chapter 71 addresses the manufacturers of and performers on sound recordings, but there is no mention of their author. When you refer to the author of the sound recording receiving 40% of the fee collected, do you mean the author of the musical composition that is recorded? How is the musical composition encompassed on a sound recording compensated under Article 1245?
In Article 1245 of the Civil Code of the Russian Federation rightholders who have the right to compensation for free reproduction of phonograms and audiovisual works exclusively for personal purposes are authors (authors of musical works (music and text) fixed in the phonograms and authors of audiovisual works); performers (performers who fixed their performance in the phonograms and performers who fixed their performance in the audiovisual works); preparers of phonograms and preparers of audiovisual works who have the exclusive rights acting (have recognized) on the territory of the Russian Federation in accordance with Articles 1256, 1321 and 1328 of the Civil Сode of the Russian Federation. Rightholders have right to compensation in accordance with paragraph 2 of Article 1273 of the Civil Code of the Russian Federation. Importers and manufacturers of equipment and storage devices used for reproduction for personal purposes shall pay compensation to indicated rightholders in accordance with Article 1245 of the Civil Сode of the Russian Federation. Chapter 71 of the Civil Code of the Russian Federation are mentioned in the question is dedicated to general questions of rights related with copyright.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 6. Article 1249 (IP/N/1/RUS/O/2 at 369): We are concerned that this may impose a formality. Do rightsholders have to register computer programs or databases for those items to receive protection or need to register "legally-significant actions" regarding computer programs and/or databases? What must be registered under Article 1249?
As defined in paragraph 4 of Article 1259 CC RF for the protection of copyright, the registration of the work or other formalities is not required. With respect to computer programs and databases, registration is possible in accordance with subparagraph 2 of paragraph 4 of Article 1259 and Paragraph 1 of Article 1262 CC RF. Such registration is not right-establishing and is optional. If the rightholder has registered a computer program or a database in the Federal body of executive authority for intellectual property, contracts for the alienation of the exclusive right to a computer program or database as well as passage of the exclusive right to such program or database are subject to registration in the Federal body of executive authority for intellectual property (Paragraph 5 of Article 1262 CCRF) Article 1249 CC RF does not provide any provisions on registration of computer programs or database or connected legally significant actions being obligatory. The article considers fees collected for the taking of legally significant actions connected with state registration of computer programs, databases, contracts for the alienation of the exclusive right to a computer program or database as well as passage of the exclusive right to such program or database (paragraph 1 of Article 1249 CC RF) Unlike other results of intellectual activity or means of individualization, registered in the Federal body of executive authority for intellectual property, fees for which are set by the Government of the Russian Federation, fees connected with computer programs, databases and topology of integrated circuits are established by the legislation of the Russian Federation on taxes and levies. The Tax Code of the Russian Federation establishes a list of legally significant actions for the taking of which state fees shall be collected, their amounts, procedure and times for payment, and also the bases for freeing from payment of the state fees, reduction of their amounts, postponement of payment or return of fees.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 7. Articles 1273 and 1306 (IP/N/1/RUS/O/2 at 379 and 390): These articles appear to provide an overly broad permission for reproduction for personal use. Please explain how these articles address the 3-step test under TRIPS Article 13, including whether and how these provisions permit reproduction of only one copy for personal use, where that reproduction is made from a lawfully acquired copy.
Limitations and restrictions from rightholder's exclusive rights were formulated in Berne Convention for the Protection of Literary and Artistic Works from 9 September 1886 (Berne Convention). In accordance with paragraph 2 of Article 9 of Berne Convention members have right to foresee in national legislation the restrictions of rights for reproduction of literary and artistic works on condition that in national legislation shall be indicated cases of such restrictions and it shall not cause harm to normal exploitation of works and infringe author's legal interests. Provisions of paragraph 2 of Article 9 of Berne Convention reflected in Article 13 of the TRIPS Agreement as a quota about possible restrictions or limitations from the exclusive copyrights and related rights. Paragraph 2 of Article 1229 of the Civil Code of the Russian Federation correspond to above-mentioned international contracts which determines that provided cases of free reproduction for personal purposes do not cause unjustified harm to the ordinary use of the results of intellectual activity and do not impair in an unjustified manner the lawful interests of the rightholders. Article 1273 of the Civil Code of the Russian Federation establishes cases of free gratuitous reproduction of works (established provisions concern by related rights also in accordance with Article 1306 of the Civil Code of the Russian Federation), if it are realized with next conditions:  individual person realize the reproduction;  the reproduction are realized exclusively for personal purposes;  a work lawfully made subject by the reproduction. Herewith the indicate Article contains list of free gratuitous reproduction. These are cases when even intention to use corresponding work for personal purposes do not liberate a citizen from necessity to get rightholder's permission and to pay appropriate compensation. Herewith with a passing of Part 4 of the Civil Code of the Russian Federation such cases were complemented by two new limitations: Video recording of an audiovisual work in case of its public performance at a please open for free attendance or at a place where there are a significant number of persons present not belonging to the usual circle of a family is not admitted even for personal purposes (subparagraph 5 of Article 1273 of the Civil Code of the Russian Federation); Reproduction of an audiovisual work with the aid of professional equipment not meant for use in home conditions is not admitted (subparagraph 6 of Article 1273 of the Civil Code of the Russian Federation). Both indicated limitations allow to intensify fight with fabrication of a pirate production. Accordingly in accordance with indicated quotas individual person have right to reproduce (means to manufacture for satisfaction of own, family, household and other needs are not connected with realization of entrepreneurial acting) a copy of the film from TV broadcast, to reproduce work are placed in Internet in memory of computer, to make copy of audio recording (phonogram) or magazine article on a tape-recording or on a copier. Herewith the reproduction shall be realized such person personal purposes of who taken in attention. Provisions of Article 1273 of the Civil Code of the Russian Federation don't spread to legal person who may not refer to inner needs as to basic to reproduce work free even if such actions are not related with person's commercial activity or are made to individual person's order.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 8. Article 1274 (1) (1 and 2) (IP/N/1/RUS/O/2 at 380): These copyright exceptions (IP/N/1/RUS/O/2 at 379) appear overly broad. Both Articles 10 (1) and (2) of Berne Convention, which are incorporated in Article 1274 (1 and 2), require that such use be compatible with fair practice. Please explain how this fair practice limitation is addressed by Article 1274 (1 and 2).
Provisions 1 and 2 of Article 1274 of the Civil Code of the Russian Federation provide the use of works without the consent of the rightholder and without the payment of compensation in case of citation in the original language or in translation for scientific, polemical/critical, or information purposes of works lawfully made public in an amount justified by the purpose of citation, including the reproduction of excerpts from newspaper and magazine articles in the form of press surveys and also in cases of use of works lawfully made public and excerpts from them as illustrations in publications, radio and television broadcasts, and sound and video recordings of an instructional nature in an amount justified by the purpose thereof. Necessary to note that provisions of Article 1274 of the Civil Code of the Russian Federation are not subjected to widened interpretation and apply in the relationship with paragraph 5 of Article 1229 of the Civil Code of the Russian Federation establishes that limitation from exclusive rights to results of intellectual activity shall be established on the condition that such limitation does not contradict to the ordinary use of the works or object of the related right and does not impair the lawful interests of the rightholders. Indicated provision corresponds to Article 13 of TRIPS.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 9. Article 1274 (1)(6) (IP/N/1/RUS/O/2 at 380): We are concerned that this exception is overly broad. Would a non-profit entity be able to use this exception when the copyright owner has made the work available in the same format?
In accordance of provision 1 of Article 1274 CC RF right to use of work lawfully made public without the consent of the rightholder and without the payment of compensation in case of reproduction without the extraction of profit in dot-relief type or other special means for the blind. No matter organizational legal form of entity who use work for purpose of reproduction for the blind. In present case shall be observed next conditions: such reproduction shall be realized from work lawfully made public; such reproduction and further spreading of work shall be realized without extraction of profit. Works representing the copy of work in any material form in quantity which enough for satisfaction of requirement of public from depending of character of work are admitted be made public. Indicated provisions do not provide limitation of exclusive right of works to benefit of persons with limited possibility including disabled persons about hearing as it provided in legislation of United States of America, for example. In some countries (e.g.in Article 37 of the Copyright Law of Japan from 1970) such limitation of exclusive right spreads by works lawfully promulgated (but not made public as in Russian legislation) that widen volume of this limitation.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 10. Article 1274(3) (IP/N/1/RUS/O/2 at 380): This exception appears to be overly board. Please explain how the exception limits taking only the portion of the work necessary for the purposes of the parody.
The possibility of creation of works in the genre of a literary, musical, or other parody, or in the genre of caricature on the basis of work lawfully made public without the consent of the rightholder and without the payment of compensation and subsequent use of caricature or parody without the payment of compensation to author of original work are established in paragraph 3 of Article 1274 of the Civil CodeCivil Code of the Russian Federation. Provisions of paragraph 3 of Article 1274 of the Civil CodeCivil Code of the Russian Federation on free creation and use in the genre of a literary, musical, or other parody, or in the genre of caricature on the basis of another (original) work lawfully made public without the consent of the author of such original work appeared in Russian legislation as a result of borrowed approach of Directive 2001/29/EC of the European Parliament and of the Council of 22/05/2001 "On the harmonization of certain aspects of copyright and related rights in the information society" according to sub point (k) of point 3 of Article 5 of the Directive what admit may provide for exceptions or limitations in case of use for the purpose of caricature, parody or pastiche. Article 1274 of the Civil CodeCivil Code of the Russian Federation provides that parodies and caricatures shall be used in for Informational, Scholarly, Instructional, or Cultural Purposes, how it show name of Article. In this way author of original work have not right to prohibit to use his work in indicated method on the basic of provisions of Part 4 of the Civil CodeCivil Code of the Russian Federation, but in case if parody or caricature denigrate honor, dignity or reputation of author of original work, he have right to protect it in order are established in Article 125 of the Civil CodeCivil Code of the Russian Federation. Should take in attention that creation of parody or caricature is not a recast of primary (original) work; it is creation of new, independent work. Parodies and caricatures are recognizable that is associated with primary (original) works because of likeness of maintenance (what is not copyrighted), but not because of likeness wit form (what is copyrighted).
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 11. Article 1280(4) (IP/N/1/RUS/O/2 at 382): This language appears to be overly broad. Please explain how this article addresses the requirements of the 3-step test under TRIPS Article 13.
The provisions of the Article 1280 explains in detail rights of the owner of a copy a computer program or a database. These rights are limited to some cases. The main condition of the article is that the person has the obligation to own the copy lawfully. Paragraph 4 of the article 4 implements the provision of Article 13 of the TRIPS Agreement, making an explanation that the application of the provisions provided by the Article must not cause unjustified harm to the normal use of a computer program or database and must not impair in an unjustified manner the lawful interests of the author or rightholder.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 12. Articles 1285 and 1307 (IP/N/1/RUS/O/2 at 383 and 391): We are concerned that Articles 1285 and 1307 appear to limit a rightsholders ability to enter into exclusive licenses for a specific right and to require the rightsholders to transfer the "work in full." Can a rightsowner transfer one exclusive right, for example, e.g., the right to perform a work, and still maintain ownership of the other exclusive rights, e.g., reproduction, synchronization?
Author or subject of related right have right to conclude with other person contract of alienation (transmission) of the exclusive right to the concrete result of intellectual activity that is mean transmission of the exclusive right in full without author's possibility to keep right to use such result in accordance with Articles 1285 and 1307 of the Civil CodeCivil Code of the Russian Federation. In this way in case if rightholder transferred the exclusive right to use result of intellectual activity to other person, he does not keep right to use such result. Herewith the Civil CodeCivil Code of the Russian Federation provides also another model of disposal of the exclusive right when rightholder have right to grant for other persons right to use result of intellectual activity by means of conclusion License Contract are provided in Articles 1286 and 1308 of the Civil Code of the Russian Federation. Under the conditions of License Contract rightholder stay as holder of the exclusive right and the licensee acquires right to use object on the conditions established by a contract only (e.g. the reproduction only or the public performance only) on the definite territory in definite terms.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 13. Article 1334(2) (IP/N/1/RUS/O/2 at 399): Any copyrighted work or object of related rights incorporated into a database must be subject to the rightholders' exclusive rights. Please explain how Article 1334(2) accounts for the rights of authors of works included in a database.
Paragraph 2 of Article 1334 stipulates that exclusive rights of the preparer of a database are recognized and are effective regardless of the rights of authors of works included in a database.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 14. We have numerous questions to help us understand Section 6 of Chapter 71 and how the rights of a publisher of a scientific, literary or artistic work differ from the rights of the authors and the authors' assignees/transferees of those works, as set forth in Chapter 70: (a) Please explain the relationship between the publisher protected here and the author/assignees protected in chapter 70. Specifically, how does this section relate to chapter 70, which gives these rights to the author and her assignees? Who has the rights to the work, the author/assignees under chapter 70, or the publisher under Chapter 71? (b) Article 1337(1) (IP/N/1/RUS/O/2 at 400) appears to take works out of the public domain and give the publisher exclusive rights to that work. What works can be removed from the public domain? (c) Article 1340 (IP/N/1/RUS/O/2 at 401) appears to override the copyright term provided Article 1281 and override any contract or agreement that an author may have entered with a publisher. Please explain.
Intellectual Rights to works of scholarship, literature, or art first made public after their passage into the public domain are rights neighboring on copyright (neighboring rights) according to Article 1303 of the Civil Code of the Russian Federation. Section 6 of Chapter 71 of the Civil Code of the Russian Federation dedicated to publisher's right to works of Scholarship, Literature and Art. According to Article 1337 CC RF publisher is the citizen who lawfully made public or organized the making public of a work of scholarship, literature, or art previously not made public and that has gone into the public domain (Article 1282 CC RF) or that is in the public domain by virtue of the fact that it is not protected by copyright. Author or other person with author's consent have the right to make the work public according to Article 1268 of the Civil Code of the Russian Federation. In this case if author during the life did not made public his work himself or not gave consent to do such actions to other person (also in case if author did not lived any prohibition during his life) than such work may be made public by author's successor during the period of validity of exclusive right to work. Upon the expiration of the time period of effectiveness of the exclusive right, a work including previously unpublished, shall enter the public domain and may be used freely by any person without any consent or permission and without payment of author's compensation in accordance with Article 1282 of the Civil Code of the Russian Federation. For purpose of making public of previously unpublished works Division 6 of Chapter 71 of the Civil Code of the Russian Federation provides other persons possibility to make public of work after termination of guarding of exclusive rights in case of absence author's written prohibition such work. In this way publisher is not author of work or successor, he is person who made public work previously unpublished and is entered the public domain. Publisher has publisher's exclusive right to work made public by him and right to indicate his name on exemplar of work made public and in other cases of use (including translation or other recast of work). Publisher's exclusive right to work coincides with habitual copyright to use work in content, only with taking of right to translate, recast and realize an architectural, designer, town-planning landscape project. In this way publisher of work may not control of use of work in translated or reprocessed form. Outside publisher's sphere of control is spreading of original or exemplars of work are imposed in civil use (principle of depletion of rights) lawfully. Publisher's right in the Civil Code of the Russian Federation is right that not make damage to author's interests and to his successor. Publisher's right is made to protect the interests of investigator, allow to reward them for long or perennial search and further to open new creative results. Need to mark that protection of right of persons who make public previously unpublished works and are entered the public domain are provided in provisions of Article 4 of Directive of European Union 93/98/EEC of 29/10/1993 harmonizing the term of protection of copyright and certain related rights, in accordance with it any person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, shall benefit from a protection equivalent to the economic rights of the author. The Civil Code of the Russian Federation establishes several important requirements about object of publisher's right:  It shall be work of scholarship, literature or art;  This work shall be recognized as object of copyright in accordance with acting Russian legislation;  It shall not be made public previously;  The work shall not be in state and municipal archives;  The work shall be made public firstly on the territory of the Russian Federation or beyond the boundaries but by citizen of the Russian Federation. Replacement of terms in comparison with Article 1281 of the Civil Code of the Russian Federation in Article 1240 indicated do not happen. Introduction in Russian legislation of publisher's rights are stipulate for necessity of cultural development of society in relations with promulgation of work of Scholarship, Literature and art previously unpublished that is mean unknown till this event and for encouragement of persons who made these work are known for society (made them promulgation – public). The work which have expired term of exclusive right enters to the public domain that is mean it may be used freely by any person without any consent or permission and without payment of author's compensation. But there is question about possibility to use unknown work is entered to the public domain. In case of made public work is entered to the public domain on the condition that such publishing do not contradict the author's will, publisher have right to use such work (the publisher's exclusive right) effective for 25 years counting from January 1 of the year following the year of publishing, namely to use the work with methods are provided in subpoints 1-8 and 11 of point 2 of Article 1270 of the Civil Code of the Russian Federation.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 15. We remain concerned that Russian law might not adequately protect foreign works and related rights, including pre-existing works and related rights. We have noted that there are numerous provisions dealing with this issue (Articles 1231, 1256, 1304, 1318, 1321, 1324, 1328 and 1341), but were unable to confirm the required coverage. Some of our concern may relate to translations issues or to the accuracy of IP/N/RUS/0/2.
Article 1256 of the Civil Code of the Russian Federation defines realization of the exclusive right to Works of Scholarship, Literature, and Art on the territory of the Russian Federation because of publishing on the territory of the Russian Federation or because of principle of author's citizenship of such works (or them successor). Russian legislator proceeds from place of publishing of work (or his existence in objective form in case of absence of publishing) to give the exclusive right to work on the territory of the Russian Federation. In case if work made public on the territory of the Russian Federation than the exclusive right to such work shall be recognized for authors (or their legal successors) regardless of their citizenship. It concerns also cases when work not made public existing in some objective form on the territory of the Russian Federation. A work also shall be considered first made public by publication in the Russian Federation if, in the course of thirty days after the date of first publication, it was published on the territory of the Russian Federation. In case if work made public beyond the boundaries of the territory of the Russian Federation, need to take by attention author's citizenship (or his legal successor). If work made public beyond the boundaries of the territory of the Russian Federation author of work (his legal successor) being citizen of the Russian Federation, Russian legislator keeps the exclusive right to work by such persons. It concerns also cases when work not made public exists in some objective form beyond the boundaries of the territory of the Russian Federation at author or his legal successor who are citizens of the Russian Federation. In other cases the exclusive right to works made public or existing in some objective form beyond the boundaries of the Russian Federation and shall be recognized, in accordance with international treaties of the Russian Federation, for authors (or their legal successors) who are citizens of other states. Herewith the time period of the exclusive right established in the country of origin of the work may not exceeds the time period of the exclusive right to these works in the Russian Federation. In case if the time period of the exclusive right in the country of origin of the work has expired and the exclusive right have entered the public domain than this work enters the public domain in the Russian Federation too. Moreover primary rightholder is determined in accordance with a law of state where was happened a fact which is basis for acquisition of the copyright. According to point 3 of Article 1304 of the Civil Code of the Russian Federation the granting on the territory of the Russian Federation of protection for objects of neighboring rights in accordance with the international treaties of the Russian Federation shall be conducted in case if in the country of origin of the work it have not entered the public domain and have not entered the public domain on the territory of the Russian Federation. In other articles of the Civil Code of the Russian Federation Russian legislator proceeds from principle of the citizenship/place of location or implementation (for the performance are not fixed in phonograms) / promulgation (phonograms) on the territory of the Russian Federation aside from the conditions of the international treaties of the Russian Federation for granting legal protection to some object of neighboring rights.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 16. Please advise which specific Article requires coverage for: (a) Authors who are nationals of a Berne country for published and unpublished works
The rights of the authors, who is a citizen of the Russian Federation – member of Berne Convention, are protected in accordance with subpoint 2 of point 1 of Article 1256 of the Civil Code of the Russian Federation. The rights of the authors who are citizens of other states works of whom made public beyond the boundaries of the territory of the Russian Federation – member of Berne Convention, are protected on the territory of the Russian Federation on basis of subpoint 3 of point 1 of Article 1256 of the Civil Code of the Russian Federation (international-legal criterion) in accordance with provisions of Berne Convention. Need to mark that national regime (are provided in Article 3 of Berne Convention) give the possibility to any citizen's work of any state who is member of Berne Convention to use protection in all countries of Berne Union including the Russian Federation.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 16. Please advise which specific Article requires coverage for: (b) Authors who are not nationals of a Berne country for works first published, or published within 30 days, in a Berne country
The rights of a foreign author who made public his works on the territory of the Russian Federation – member of Berne Convention are protected in accordance with subpoint 1 of point 1 and subpoint 2 of Article 1256 of the Civil Code of the Russian Federation (criterion of the place of promulgation of work). The rights of authors who are citizens of other states who made public works beyond the boundaries of the territory of the Russian Federation but in country – member of Berne Convention, are protected on the territory of the Russian Federation on basis of subpoint 3 of point 1 of Article 1256 of the Civil Code of the Russian Federation (international-legal criterion) in accordance with provisions of Berne Convention.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 16. Please advise which specific Article requires coverage for: (c) Authors who are not nationals of a Berne country but who have their habitual residence in a Berne country
The rights of authors who are not nationals of a Berne country are protected on the territory of the Russian Federation on basis of subpoint 3 of point 1 of Article 1256 of the Civil Code of the Russian Federation (international-legal criterion) in accordance with international treaties of the Russian Federation. However in indicated cases necessary to pass that in cases if foreign author made public his work on the territory of the Russian Federation (or his not made public on the territory of the Russian Federation work exists in some objective form) he have legal protection in accordance with point 1 of Article 1256 of the Civil Code of the Russian Federation. The Russian Federation participated in following international treaties about copyright: the Universal Copyright Convention on 6th September 1952 (revised in Paris on 24th July 1971), The Agreement about collaboration in sphere of copyright and related right are concluded in Moscow at 24th September 1993, Berne Convention for the Protection of Literary and Artistic Works (in editing Parisian Statement at 24th July 1971) - since 13th March 1995, The World Intellectual Property Organization (WIPO) Copyright Treaty on 20th December 1996 – since 2009. Moreover the Russian Federation as successor of the USSR is connected two-way international treaties about mutual protection of copyrights with some states, e.g. with Sweden (15th April 1986), with Armenia concluded Agreement about mutual protection of copyrights at 25th June 1993.
09/02/2016
IP/Q/RUS/1, IP/Q2/RUS/1, IP/Q3/RUS/1, IP/Q4/RUS/1 Russian Federation United States of America 16. Please advise which specific Article requires coverage for: (d) Authors of an audiovisual works the maker of which has its headquarters or habitual residence in a Berne country
Answer to two previous questions: The rights the indicated category of authors are provided on the territory of the Russian Federation analogically as for cases are viewed above that is mean on basis of point 1 of Article 1256 of the Civil Code of the Russian Federation. Herewith need to keep in mind that in point 3 of Article 1256 of the Civil Code of the Russian Federation are shown a peculiarities of acting of international-legal criterion on the territory of the Russian Federation. In indicated quota are shown that author of work or another primary rightholder is determined by the law of state on what territory happened fact of acquisition of copyrights at granting the protection to work on the territory of the Russian Federation in accordance with international treaties of the Russian Federation. These quota are provided for legislation about copyright of states where author or primary rightholder is a legal person.
09/02/2016

Page 16 of 677   |   Number of documents : 13533

 
Reset