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New law on copyright co-ownership has been proposed in Russia

The new proposed draft law aims to make clear the questions caused by the multiple copyright ownership in IP object. According to current Russian law the execution of exclusive right in IP object is carrying out by more than two right holders jointly. Explanation note states that under the Russian law all right holders must reach common agreement in relation to exploitation of their IP.

But the current Russian copyright law does not provide the answer what to do if the right holders did not reach common agreement and at least one of them did not agree with others. If one right holder is not agreed with others the execution of certain rights in IP object can’t be carry out. The law aim to resolve this issue, but only if there are at least three right holders. The draft law does not provide situation when there are only two right holders.

According to draft law if there are three and more right holders and if the common agreement on the execution of exclusive right in IP object in question has been not reached the decision on execution of such exclusive right is to be adopted by majority of right holders and such decision is to be effective and obligatory for all right holders.