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Month: May 2017

Draft evaluation and review of the IPR enforcement directive – Strengthening fairness and balance in the IPR civil enforcement framework

Many stakeholders ask for more legal clarity on the calculation of damages and their fairer allocation arguing that the amount of damages ordered by the courts often does not cover the harm suffered by the right holder, does not sufficiently deter the infringer from carrying out the infringement and thus provides no incentive to seek legal redress in the first place. In practice this can provide a competitive advantage to the infringer.

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New draft law provides regulation for messengers like Viber or WhatsApp in Russia

This draft law proposes amendments to the law on information, its protection and informational technologies. The draft provides two definitions. One definition is given for info-communicative services and the other is given to info-communicative services for exchange of instant messages.

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Russian business outlined all its complaints in one “book”

In Russia it was established institute of ombudsman presenting and protecting interests of Russian business. For certain industry of business there is special representative of ombudsman, who summarizes all complaints stated by business and puts them on paper. Each year ombudsman makes report to Russian president and proposes the ways to resolve problems outlined in book of complaints.

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The court believes Machete and Vengeance are not similar works

From 2004 to 2006, Gil Medina and ITN Flex llc. wrote and filmed a movie starring Danny Trejo as the lead actor. The film was originally entitled “Jack’s Law,” but the title was later changed to “Vengeance.” Medina and Flex registered the film “with the applicable copyright offices.”

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Sports.ru accused Match TV of using texts from sports.ru’s web-site illegally

Few days ago Match TV accused Sports.ru of copyright infringements. Now vise-versa. CEO of sports.ru, Dmitry Navosha, explained why sports.ru does not sue Match TV. According to Navosha, correspondent from Match TV in his reportage has read text from sports.ru without any reference to resource (sports.ru). Nevosha underlined that it was not occasional. Such things happen regularly.

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Russian Roskomnadzor proposed to repeal mechanism of approval for reproduction of material mediums containing video, music, software etc.

Under Russian law in order to reproduce material copies of audio-visual works, software, data bases, music, in addition to licence from right holder, it is necessary to receive written approval from relevant state authority. Such approval is also called licence, but not from right holder. Exception is provided only for those persons, who are right holders.

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Russian e-commerce strategy does not provide blocking of online–stores

Developers of Russian e-commerce strategy 2017-2018 decided to make it more democratic and drafted it softly in relation to regulation of distance trade. “The main purpose of strategy is stimulation of trade, but not its restriction”, – explained person knowing the real reasons of new changes in draft document.

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Draft evaluation and review of the IPR enforcement directive – quo vadis?

In the Digital Single Market and the Single Market Strategies the Commission announced that it will review the EU intellectual property enforcement framework. In response to this announcement DG GROW evaluated the functioning of Directive 2004/48/EC on the enforcement of intellectual property rights and prepared a review of the Directive. Recent discussions between the relevant Cabinets and services involved revealed a fundamental disagreement on the general orientation of the initiative.

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Australian copyright law review – alternative to fair use exception, specific exceptions and orphan works

An alternative exception, should fair use not be enacted, is also recommended: a ‘new fair dealing’ exception that consolidates the existing fair dealing exceptions and provides that fair dealings for certain new purposes do not infringe copyright.

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Russian TV channel Match TV sued web-resource Sports.ru for copyright infringement

According to suit, Match TV believes web-resource illegally demonstrates highlights of two matches FNL, as it is stated on sports.ru’s web-site. Match TV claims it spends a lot of money in order to acquire rights in content from official right holders. First court hearing will be 30th of May.

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