Draft amendments to the Civil Code, some of which relate to the Internet

    On the pages of Habr, often bills that relate to the Internet are cited. But such an important bill as the "Draft amendments to sections I, II, III, VI, VII of the Civil Code of the Russian Federation prepared by the Council under the President of the Russian Federation on the codification and improvement of civil law" was not mentioned on the hub.
    For those who are not in the know, I’ll explain - government bodies generate many bills, many of which have no chance to go through all stages of the adoption of the law and become part of the current legislation.
    The situation with the bills created by the Council for the Codification and Improvement of Legislation under the President of the Russian Federation is different - usually such projects are under the tutelage of the President and his administration, they are adopted quite easily and with minimal changes in the process of passing the legislative instances. The project itself is very extensive, I would like to cite only those provisions that directly relate to the Internet and which will clearly provoke a lively discussion.

    Major changes to Section VII of the Civil Code of the Russian Federation

    2. Change in the regulation of the use of the results of

    intellectual activity on the Internet
    - The concept of “Internet site” has been introduced, which is understood as “a set of independent materials presented in an objective form, systematized so that these materials can be posted on the Internet.”

    - It has been established that the author of the website owns the copyright for his selection or arrangement of materials.

    - The civil liability of a person carrying out actions on the transfer of material on the Internet or on the placement of material on this network (Internet provider) has been introduced.

    It has been established that the Internet provider that transfers material on the Internet is not responsible for intellectual property violations resulting from such a transfer, subject to the following conditions:

    1) The Internet provider does not change the specified material after receiving it, with the exception of changes made to ensure the technological process of transferring the material;

    2) The Internet provider did not know and should not have known that the use of the corresponding result of intellectual activity or the means of individualization by the person who initiated the transfer of material containing such a result or means of individualization is unlawful.

    It is stipulated that the Internet provider providing services for the placement of materials on the Internet is not responsible for intellectual property violations resulting from the placement of material on the Internet by the customer or at his direction, subject to the following conditions:

    1) The Internet provider did not and should not have known that the use of the corresponding result of intellectual activity or the means of individualization contained in such material is unlawful;

    2) In case of receipt of a written statement by a third party about a violation of intellectual rights as a result of posting such material on the Internet, the Internet provider took timely measures aimed at eliminating the consequences of the violation of intellectual rights provided for by the federal law on Internet providers.

    Thus, the project establishes a balance of interests between the Internet provider and the copyright holder.

    - Amendment of Art. 1233 of the Civil Code of the Russian Federation, in terms of the additional opportunity to dispose of exclusive rights, will simplify the use of the results of intellectual activity in information and telecommunication networks (including the Internet), since this will avoid the need to conclude licensing agreements when using the results of intellectual activity.

    The full text of the bill can be found on the website Pravo.ru docs.pravo.ru//document/view/5309470/4911310

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