of June 19, 2006 No. 15
About the questions which arose at courts by consideration of the civil cases connected using the legislation on copyright and the related rights
According to part 1 of article 44 of the Constitution of the Russian Federation freedom literary, art, scientific, technical and other types of creativity is guaranteed to everyone. The intellectual property is protected by the law.
Observance of rules in the field of intellectual property is one of the main indicators of development of society. The copyright laws adopted from 1992 to 2004 and the related rights promoted that works of science, literatures and arts, and also objects of the related rights became profitable objects of civil circulation. At the same time the legislation determines balance of the rights of authors and interests of society, in particular, in the field of education, scientific research and information access.
At the same time wide use of results of creative activities is followed by negative effects which are burning issue in connection with the high level of illegal use of these results now. One of the most widespread offenses in the field of copyright and the related rights is reproduction of counterfeit copies of works, and also soundtracks and their illegal realization. The increasing threat to owners is posed by illegal placement of works and soundtracks in telecommunication networks, in particular, on the Internet and network of cellular communication.
Objects of copyright and (or) the related rights cannot make for owners profit, and to the state taxes if they are not provided with special legal protection from state bodies.
With respect thereto protection of intellectual property which component are copyright and the related rights belongs to one of important tasks in activity of the courts of the general jurisdiction. Special role in it is played by law-enforcement practice which is the real mechanism of protection of these rights.
Studying of court practice on the cases following from the relations connected with creation and use of objects of copyright and the related rights showed that courts have difficulties in application of the legislation regulating these legal relationship in this connection the Plenum of the Supreme Court of the Russian Federation for the purpose of ensuring unity of court practice and legality by consideration of civil cases on disputes on copyright and related rights decides to make to courts the following explanations:
1. According to the Item "about" of article 71 of the Constitution of the Russian Federation legal regulation of intellectual property is referred to exclusive maintaining the Russian Federation. Copyright and the related rights are type of intellectual property, and, therefore, their legal regulation belongs to exclusive maintaining the Russian Federation.
Owing to article 2 of the Law of the Russian Federation of July 9, 1993 of N5351-1 "About Copyright and the Related Rights" (in edition of the Federal Laws of July 19, 1995 of N110-FZ and of July 20, 2004 N72-FZ) the legislation of the Russian Federation on copyright and the related rights is based on the Constitution of the Russian Federation and N3523-1 "About Legal Protection of Programs for Electronic Computers and Databases", the Federal Laws consists of the Civil code of the Russian Federation, the called Law, the Law of the Russian Federation of September 23, 1992.
2. By hearing of cases about violation of the law about copyright and the related rights it is necessary to consider that in case of contradiction of the provisions of the law of the Russian Federation "About legal protection of programs for electronic computers and databases to" the provisions of the law of the Russian Federation "About copyright and the related rights" the provisions of the law of the Russian Federation "About copyright and the related rights are applied".
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