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Category: Legal proposal

Russian legislator proposed to reduce copyright term for some IP objects in Russia

Russian deputy proposed new draft laws aiming to “confirm that the works of science, literature and art, created in soviet times on demand of state and at the cost of state, are in public domain”. The first draft law introduces amendment to article 1298 of Russian civil code and adding new item. This item states that works of science, literature or art, created in Soviet Union and published before 31 of December 1992 are in public domain.

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Russian Roskomnadzor has published new procedure for identification of resources to be blocked

Who executes identification under proposed procedure? It is officers of Roskomnadzor. Identification is necessary in order to restrict access to certain web-site of web-page where is published information forbidden for dissemination in Russia. The Roskomnadzor is the operator of the single registry containing the URLs, domain names and network addresses of web-sites in internet where is published information forbidden for dissemination in Russia.

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Russian legislators proposed to ban apps for copyright infringement

They proposed the new draft law. It introduces new definition – the owner of app. App owner is the owner of software for computer where the information, containing copyrighted subject matter excluding photos or containing information necessary in order to receive such copyrighted subject-matter with help of telecommunication networks, is placed without proper permission of right holder or other legal ground.

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New proposed law on “social networks” in Russia

After the first initial proposal to regulate and control social networks in Russia and dissemination of information there failed, the Russian legislators proposed new redaction of this law. It was introduced again and it seems the law will be adopted for sure and quickly. Explanation note to the draft law states that the aim is to preclude the dissemination of illegal and false social significant information in social networks in Russia.

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SWD IA on EU copyright modernisation – Impacts of option 2 on availability of EU AV on VOD

Stakeholders’ dialogue (Option 1) + Obligation for Member States to establish a negotiation mechanism to overcome obstacles to the availability of audiovisual works on VoD

The negotiation mechanism would exclusively address copyright-related issues and would complement measures provided for in the AVMS Directive review for the promotion of European works. The negotiation mechanism would address individual cases of lack of availability and complements the general approach pursued by the stakeholder dialogue.

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Initial proposal to make social networks responsible for user generated content in Russia

The main declared purpose of proposed law is to create effective mechanism which could preclude dissemination of illegal information in social networks. That states explanatory note to the draft law. According to explanation note social networks can significantly affect public opinion, at least. Users of social networks play a vital role – they upload, create and generate content. Therefore there are should be at least two subjects of regulation.

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SWD IA on EU copyright modernisation – Impacts of first option on availability of EU AV on VOD

Stakeholders’ dialogue focusing on licensing issues and aiming at improving the proportion of EU audiovisual works available on VoD platforms

Having a platform to meet and discuss licensing issues preventing availability of EU AV works on VoD platforms (e.g. exclusivity issues; release windows), at European level, could contribute to reach agreements (self-regulatory measures) for a more sustained exploitation of EU works, which would benefit all stakeholders involved. However, chances of reaching concrete agreements would depend on the willingness of the stakeholders to engage in constructive discussions and to take commitments.

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Amendments to regulation on geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment

In many cases, divergent legal environments, the legal uncertainty involved and the associated risks as regards the applicable consumer protection and environmental or labelling laws, taxation and fiscal issues, delivery costs or language requirements contribute to the traders’ unwillingness to engage in commercial relations with consumers from other Member States. In other cases some traders are fragmenting the market in order to increase consumer prices.

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Proposed amendments to directive on contracts for the sale of goods

Existing disparities in relation to contract law in different Member States may adversely affect businesses and consumers, in addition to other key regulatory and non-regulatory issues such as tax laws, delivery network issues, payment systems and language barriers. However, the main difficulties encountered by consumers and the main source of disputes with traders concern the non-conformity of goods with the contract. It is therefore necessary to improve consumer confidence in the internal market and to help to create a level-playing field for traders.

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