États-Unis d'Amérique

Fédération de Russie

Droit d'auteur et droits connexes

21. Article 1302 (and Art. 1312) (IP/N/1/RUS/O/2 at 389) The title of this article "Security for a claim in a copyright violation case," does not seem to match its contents which forbids "using [counterfeit copies of a work] in civil-law transactions." Please clarify, because as written it appears that the scope of the article is much larger than its title.

Article 1302 of the Civil Code of the Russian Federation establishes the right of court to forbid a defendant or other person with respect to whom there are sufficient bases to suppose that he is an infringer of copyright rights to take specific with the purpose of introducing into civil commerce copies of a work with respect to which it is supposed that they are counterfeit. The court also may impose seizure on all copies of a work with respect to which it is suspected that they are counterfeit and also on materials and equipment used or meant for their preparation or reproduction. In other words Article 1302 of the Civil Code of the Russian Federation corresponds to her name (Security for a Claim in Cases on the Infringement of Copyright) and provides the possibility of application of security remedy with respect to controversial copies of works and also corresponding materials and implements.