December 22, 2006 at 15:48CC and CC: copyright experiments
Crimes in the field of intellectual property can be equated to grave ones. The State Duma today is considering in the first reading amendments to the Criminal Code, which tighten liability for violation of copyright and related rights, as well as the rights of trademark owners. According to Vedomosti , the term of imprisonment for such crimes is supposed to be increased from 5 to 6 years, and fines for the use of other people's trademarks - from 300,000 rubles. up to 500,000. The authors of the bill specify: the amendments concern only crimes on an especially large scale - in the amount of more than 250,000 rubles.
However, on the Internet the number of pirates and kibesquatters in 2008 will only increase. This forecast was given by experts in the field of copyright at the seminar “The Future of the Russian Internet after the entry into force of a new part of the Civil Code on Intellectual Property”, Delovoy Peterburg reports . Recall, the 4th part of the Civil Code also prescribes a tightening of liability for copyright infringement. But, analysts suggest, in fact, this will only lead to a reduction in the number of large Internet projects.
“Even the slightest mistake on the part of site owners, such as publishing a picture without the written permission of its author, will be considered an offense,” says Konstantin Leontyev, assistant professor of copyrightRussian State Institute of Intellectual Property . “When it comes to investing millions of dollars in a project, nobody needs such problems.”
“To publish a journalistic article, the site owner will need to conclude a contract with the author, in writing,” commented Vasily Terletsky, Director General of the Russian Copyright Society KOPIRUS , on the provisions of Part 4 of the Civil Code . In his opinion, it will be impossible to conclude all the contracts prescribed by law. “Thus, almost every owner of an information site automatically falls into offenders.”
Anton Sergo, President of the Law Firm “Internet and Law”, pointed out that the said part of the Civil Code does not take into account the interests of owners of electronic libraries. Even the legal concept of “electronic library” does not exist. “Speaking of the rights to the content of these sites, you come across a lot of sharp corners. In fact, all owners of such sites are recognized as copyright infringers, ”the expert warns.
He also added that the new rule introducing the priority of a domain name previously registered in a trademark provokes financial relations at the blackmail level and paves the way for cybersquatters to multiply. “Sneaky and well-versed legal entities can make good money: first register a domain name for yourself, and then sell it to an interested company for a tidy amount,” Sergo explained. He recalled that for the registration of a trademark, you need to draw up a solid package of documents and pay a considerable fee, while registering a domain takes only a few seconds and costs only 600 rubles.
However, on the Internet the number of pirates and kibesquatters in 2008 will only increase. This forecast was given by experts in the field of copyright at the seminar “The Future of the Russian Internet after the entry into force of a new part of the Civil Code on Intellectual Property”, Delovoy Peterburg reports . Recall, the 4th part of the Civil Code also prescribes a tightening of liability for copyright infringement. But, analysts suggest, in fact, this will only lead to a reduction in the number of large Internet projects.
“Even the slightest mistake on the part of site owners, such as publishing a picture without the written permission of its author, will be considered an offense,” says Konstantin Leontyev, assistant professor of copyrightRussian State Institute of Intellectual Property . “When it comes to investing millions of dollars in a project, nobody needs such problems.”
“To publish a journalistic article, the site owner will need to conclude a contract with the author, in writing,” commented Vasily Terletsky, Director General of the Russian Copyright Society KOPIRUS , on the provisions of Part 4 of the Civil Code . In his opinion, it will be impossible to conclude all the contracts prescribed by law. “Thus, almost every owner of an information site automatically falls into offenders.”
Anton Sergo, President of the Law Firm “Internet and Law”, pointed out that the said part of the Civil Code does not take into account the interests of owners of electronic libraries. Even the legal concept of “electronic library” does not exist. “Speaking of the rights to the content of these sites, you come across a lot of sharp corners. In fact, all owners of such sites are recognized as copyright infringers, ”the expert warns.
He also added that the new rule introducing the priority of a domain name previously registered in a trademark provokes financial relations at the blackmail level and paves the way for cybersquatters to multiply. “Sneaky and well-versed legal entities can make good money: first register a domain name for yourself, and then sell it to an interested company for a tidy amount,” Sergo explained. He recalled that for the registration of a trademark, you need to draw up a solid package of documents and pay a considerable fee, while registering a domain takes only a few seconds and costs only 600 rubles.