RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of April 26, 2007 No. 14

About practice of consideration by courts of criminal cases about violation of author's, related, inventive and patent laws, and also about illegal use of the trademark

1. In case of the solution of question of guilt of person in crime execution, the stipulated in Article 146 Criminal Code of the Russian Federation, the court should determine the fact of violation by this face of author's or allied rights and to specify in sentence what right of the author or other owner protected by what provision of the law of the Russian Federation was broken as a result of crime execution.

At the same time courts should consider that in addition to the author of the work (physical person which creative activity creates the work) or owners of the related rights (contractors, producers of soundtracks, the organizations of on-air and cable broadcasting) by the victims for criminal cases about crimes, the stipulated in Article 146 Criminal Code of the Russian Federation, other persons can be (both physical, and legal) to which copyright or the related rights belong based on the law, devolve or under the agreement.

2. By consideration of criminal cases about violation of copyright and related rights courts should consider that copyright extends both on promulgated, and to the unpublished works of science, literature and art which are result of creative activities and existing in any objective form (written, oral, zvuko-or videos, graphic, volume and space).

Courts should recognize that according to the civil legislation copyright is exercised in the relations connected with creation and use of works of science, literature and art, adjacent (with author's) it is right - in the relations connected with creation and use of soundtracks, execution, the organization of transfers of on-air broadcasting, etc.

Determining the fact of assignment of authorship or illegal use of objects of copyright and related rights, courts shall mean that on the ideas, methods, processes, systems, methods, concepts, the principles, opening copyright does not extend and consequently, the stipulated in Article 146 Criminal Code of the Russian Federation of means of criminal legal protection also does not extend to them.

According to the law of the Russian Federation objects of copyright are not: official documents (laws, other regulations, judgments, other texts of legislative, administrative and judicial nature), and also their official translations; state symbols and signs (flags, coats of arms, awards, bank notes and other state symbols and signs); performing folk art; the messages on events and the facts having information nature (for example, messages on daily news, schedules of movement of vehicles) in this connection reproduction, distribution or other their use in any manner does not form actus reus, the stipulated in Article 146 Criminal Code of the Russian Federation.

3. In case of factual determination of copyright violation by assignment of authorship (plagiarism) provided by part 1 of article 146 Criminal Code of the Russian Federation, the court should mean that the specified act can consist, in particular, in the announcement of the author of someone else's work, release of someone else's work (in full or partially) under the name, the edition under the name of the work created in co-authorship with other persons without specifying of their name.

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