Russian IP ombudsman Anatoly Semenov has accused Russian accredited CMOs – Russian Authors Society (RAO), All-Russian Organisation of Intellectual Property (VOIS) and Russian Union of Right holders (RSP) – and Russian Ministry of Culture (MinCult) of conflict of interests. Ministerial officials are affiliated with CMOs.
Semenov brought examples. He mentioned several court cases within period of 2011-2013 where certain person Ksenia Miryasova sometimes acted in VOIS’s interests and sometimes acted in MinCult’s interests. According to certain documents she was appointed as legal department chief’s deputy in MinCult. She is also included in commission on state accreditation of non-contractual collective management. This commission determines what CMO will get accreditation to manage public performance right on worldwide repertoire.
Semenov also mentioned governmental order to review system of collective rights management in order to exclude non-contractual rights management. The order was issued in 2012 with deadline term for execution till December 2012. Russia promised to abolish non-contractual collective rights management when it joined WTO. But MinCult officially, in a form of answer, decided that exclusion of non-contractual (broad) collective rights management will cause decreasing of rights and interests of right holders. Executor of this answer is Ksenia Miryasova. But MinCult has forgotten – the rights can be protected, infringed etc., but they cannot be decreased like pressure. Under the current Russian law about state civil work in Russian Federation conflict of interests means situation when personal interest of state civil servant affects or can affect objective execution of duties, and conflict between personal interest of state civil servant and protected by law interests of citizens can arise or arises.
VOIS did not wait with answer. Semenov’s accusation of CMO’s and MinCult’s affiliation is unsubstantiated – stated VOIS. Ksenia Miryasova has worked in VOIS during the period of 2011-2012 as external part-time lawyer. In 2012 she quitted at her own will; the reason was a new job.