États-Unis d'Amérique

Fédération de Russie

Droit d'auteur et droits connexes

Follow-up to Question 21: Article 1312 refers back to Article 1302 and we therefore understand this Article to amount to an injunction. Is that a correct reading? Could you describe what Article 1312 adds to 1302 that is not inherent in Article 1302?

Article 1302 of the CC RF refers to measures to secure a claim for copyright infringement, including court injunction for a person to take specific actions (e.g. reproduction, sale, import) with the purpose of introducing into commercial circulation copies of a work suspected to be counterfeit. Article 1312 of the CC RF extends the provisions of Article 1302 of the CC RF with relations in the field of related rights, which means the possibility of a court injunction for a person to take specific actions listed in Article 1302 of the CC RF, not only in relation to works protected by copyright but also in relation to objects of related rights. Provisions of Article 1312 of the CC RF do not add new or limit any provisions of Article 1302 of the CC RF.